In the 1893 case of Louisville, Evansville, and St. Louis Railroad Company v. Clarke, the U.S Supreme Court ruled in favor of Clarke. The dispute arose when a railroad company failed to deliver goods on time due to an accident that was not their fault. Despite this unforeseen circumstance, the court held that common carriers are liable for any delay or loss unless it is caused by an act of God or public enemy; hence they could not be excused from liability even if negligence was absent on their part. This decision established a precedent emphasizing strict liability for common carriers in transport contracts regardless of whether there's proof of negligence or misconduct.

In the dissenting opinion for the case of Louisville, Evansville, and St. Louis Railroad Company v. Clarke (1893), Justice Brewer argued that the majority's decision to uphold a state law requiring railroads to provide equal accommodations for black and white passengers was inconsistent with previous Supreme Court rulings on similar issues. He contended that such laws were an unconstitutional interference with interstate commerce because they imposed burdensome regulations on railroad companies operating across state lines. Furthermore, he believed these laws violated the Fourteenth Amendment by denying railroad companies their right to conduct business as they saw fit without undue government intervention. In his view, it should be up to individual businesses - not legislatures - to determine how best to serve their customers' needs while also maintaining profitability.