In the case of Leroy Fibre Company v. Chicago, Milwaukee & St. Paul Railway in 1913, the U.S Supreme Court ruled in favor of Leroy Fibre Co., a flax straw manufacturer that had suffered losses due to fires caused by sparks from passing trains operated by Chicago, Milwaukee & St. Paul Railway. The railway company argued that they were not liable for damages because the flax was stored too close to their tracks and thus constituted contributory negligence on part of Leroy Fibre Co.. However, the court held that property owners have a right to use their land as they see fit within legal limits and without causing harm or nuisance to others; this includes storing goods near railroad tracks if it does not increase risk or danger beyond what is usual or customary under similar circumstances. Therefore, unless there was evidence showing increased fire risks due to proximity of storage location which contributed significantly towards damage incurred (which wasn't proven), mere closeness did not constitute contributory negligence absolving railways from liability for damages caused by its operations.

In the dissenting opinion for Leroy Fibre Company v. Chicago, Milwaukee & St. Paul Railway, it was argued that the majority's decision to allow a company to stack flax straw near a railway line disregarded established principles of negligence and risked public safety. The dissenting justices believed that stacking highly combustible material close to an area where sparks were likely was inherently dangerous and should be considered negligent behavior. They contended that this ruling could set a precedent allowing businesses to avoid liability for creating hazardous conditions by claiming they are necessary for their operations. Furthermore, they expressed concern about the potential impact on insurance rates and fire protection efforts in areas surrounding railways if such practices became widespread.