In the 1906 case of Illinois Central Railroad Company v. McKendree, the U.S Supreme Court ruled in favor of the railroad company. The dispute arose when a train owned by Illinois Central hit and killed livestock belonging to McKendree who had left them unattended on an unfenced part of his property that was adjacent to the railway track. According to state law at that time, railroads were required to fence their tracks or be held liable for any damages caused due to collisions with wandering livestock. However, this particular section of track ran through a town where fencing wasn't required under local regulations because it would obstruct traffic flow within city limits. Therefore, despite not having fenced off its tracks as per state law requirements, Illinois Central was found not guilty since they complied with local laws which exempted them from building fences in towns and cities.

In the dissenting opinion for Illinois Central Railroad Company v. McKendree, it was argued that the majority's decision to hold a railroad company liable for damages caused by sparks from its locomotive was unjustified. The dissenting justices believed that there were insufficient precautions that could have been taken by the railroad company to prevent such an incident from occurring. They maintained that holding companies responsible in this manner would place an undue burden on them and potentially hinder their operations significantly. Furthermore, they contended that it is unreasonable to expect companies to be able to control all possible outcomes of their activities, particularly those as unpredictable as sparks from a locomotive engine causing damage.