In the case of Kansas City Suburban Belt Railway Company v. Herman, 1902, the U.S Supreme Court ruled in favor of Herman. The dispute arose when a train owned by Kansas City Suburban Belt Railway Company hit and killed one of Herman's cows that had wandered onto an unfenced portion of the railway track. The company argued that they were not liable for damages as per Missouri state law which stated that railroads were only required to fence their tracks within incorporated city limits or through cultivated fields or pastures. However, this particular section was neither within city limits nor used for cultivation but rather woodland area where cattle grazed freely. The court held that although the land wasn't being actively cultivated at the time, it was still considered a pasture since it was used for grazing livestock and thus fell under areas requiring fencing according to state law. Therefore, due to negligence on part of Kansas City Suburban Belt Railway Company in failing to properly fence off its track running through such lands causing death of cow belonging to Herman; he was entitled compensation from them.

In the dissenting opinion for Kansas City Suburban Belt Railway Company v. Herman, Justice Harlan argued that the majority's decision was inconsistent with previous rulings of the court and violated principles of federalism. He contended that it was not within the jurisdiction of a federal court to interfere in matters related to state taxes unless there were exceptional circumstances, such as when a tax is so excessive or arbitrary as to violate due process rights under the Fourteenth Amendment. In this case, he believed no such violation had occurred and thus disagreed with overturning Missouri’s Supreme Court ruling which upheld Herman's right to collect taxes from Kansas City Suburban Belt Railway Company on behalf of Jackson County where its property resided. According to him, states should have sovereignty over their own taxation policies without interference from federal courts unless constitutional rights are clearly being infringed upon.