Alexander J. Marshall brought a case against the Baltimore and Ohio Railroad Company in which he argued that his property had been damaged by smoke from the company's locomotives. The Supreme Court of Maryland ruled in favor of the railroad, finding that it was not liable for damages caused by its engines' emissions since they were necessary to operate them. However, on appeal to the U.S. Supreme Court, Chief Justice Roger B Taney reversed this decision and held that companies must take reasonable precautions when operating their locomotives so as not to cause damage or injury to others’ property rights; otherwise they could be held liable for any resulting harm or loss suffered by those affected parties. This ruling established an important precedent regarding tort law and corporate responsibility with respect to environmental pollution caused by industrial activities such as railroads at a time when there were few laws governing these matters

In the dissenting opinion of Alexander J. Marshall v. The Baltimore and Ohio Railroad Company, Justice McLean argued that the plaintiff should be able to recover damages for his injuries sustained in a railroad accident due to negligence on behalf of the defendant. He believed that it was wrong for courts to deny recovery when an individual has been injured through no fault of their own, as is the case here with Mr. Marshall's injury caused by a defective locomotive owned by B&O Railroad Co.. Furthermore, he argued that since there were no laws or regulations at this time governing railroads and their operations, common law principles should apply which would allow individuals who have suffered harm from negligent acts committed by another party to seek compensation for those harms incurred. In conclusion, Justice McLean felt strongly that Mr. Marshall deserved justice and should be allowed to receive damages from B&O Railroad Co., despite any lack of legal precedent regarding such matters at this time period in history