In the case of McCoy et al., Executors of McCoy, v. Union Elevated Railroad Company et al., 1917, the Supreme Court was asked to determine whether a railroad company could be held liable for damages caused by vibrations and noise from its trains. The plaintiffs were executors of an estate that owned property near the tracks and claimed that these disturbances had significantly reduced its value. They argued that this constituted a "taking" under eminent domain laws which required compensation. The Supreme Court ruled in favor of the railroad company, stating that while it is true railroads can cause some level of disturbance due to their operation, they cannot be held responsible unless there is proof showing substantial damage or interference with use and enjoyment of property beyond what would normally be expected living near such operations. This ruling established important precedent regarding liability for indirect damages caused by industrial activities.

In the dissenting opinion for McCoy v. Union Elevated Railroad Company, it was argued that the majority's decision to uphold a lower court ruling in favor of the railroad company was flawed. The dissenters believed that the elevated railway constituted an unlawful taking of private property without just compensation, violating constitutional rights under eminent domain laws. They contended that by allowing trains to run so close to residential properties and causing significant noise and vibration disturbances, homeowners were effectively deprived of their right to quiet enjoyment of their homes - a fundamental aspect of property ownership. This deprivation amounted to a form of appropriation for public use which required adequate compensation under law. Therefore, they disagreed with the majority’s view that no actionable nuisance existed or any compensable injury had been inflicted on plaintiffs' property rights due merely because damages suffered were not different in kind from those sustained by general public.