In the case of Lowry v. Silver City Gold and Silver Mining Company, 1900, the US Supreme Court ruled in favor of the defendant, The Silver City Gold and Silver Mining Company. The plaintiff, Lowry had sued for damages after he was injured while working at one of their mines due to an explosion caused by a fellow employee's negligence. However, it was found that this employee wasn't acting within his scope of employment when causing the accident but rather deviated from his duties which led to this unfortunate incident. Therefore, under common law principles applicable at that time period (the Fellow Servant Rule), an employer could not be held liable for injuries sustained by one worker as a result of another worker's negligence if they were both engaged in common employment. Thusly ruling out vicarious liability on part of the company towards its employees' actions outside their job responsibilities.

The dissenting opinion in the case of Lowry v. Silver City Gold and Silver Mining Company argued that the majority's decision to uphold a lower court ruling, which held that mining claims could be invalidated if they were not properly marked or recorded, was incorrect. The dissent contended that this interpretation of the law placed an undue burden on miners and undermined their property rights. They believed it was unreasonable to expect miners to comply with such stringent requirements given the harsh conditions under which they often worked. Furthermore, they felt it was unjust for a miner’s claim to be nullified due to minor technicalities or oversights in marking or recording procedures when there is no evidence of fraudulent intent or harm caused by these errors.