In the case of Kansas City Northwestern Railroad Company v. Zimmerman, 1907, the U.S Supreme Court ruled in favor of Zimmerman. The dispute arose when a train owned by Kansas City Northwestern Railroad Company killed one of Zimmerman's horses that had strayed onto an unfenced portion of their railway track. According to Nebraska state law at the time, railroad companies were required to fence their tracks and could be held liable for damages if livestock was killed due to non-compliance with this requirement. The company argued that they should not be held responsible as federal laws governing interstate commerce superseded state regulations on fencing requirements for railroads. However, the court disagreed stating that there was no conflict between federal regulation and enforcement of local safety measures like fencing laws which are designed to protect property owners from harm caused by operation of railways.

The dissenting opinion in the case of Kansas City Northwestern Railroad Company v. Zimmerman argued that the majority's decision to uphold a Missouri law requiring railroads to maintain fences along their tracks was an overreach of state power and violated the Fourteenth Amendment. The dissenting justices believed that this law placed an undue burden on interstate commerce, as it required railroad companies operating across multiple states to comply with different fencing laws in each jurisdiction. They also contended that there was no clear public safety benefit from such a requirement, making it arbitrary and unreasonable regulation by the state. Furthermore, they asserted that if every state enacted similar legislation, it could potentially cripple national transportation networks due to inconsistent regulations and excessive costs for compliance.