The U.S. Supreme Court case McMillen v. Ferrum Mining Company in 1904 revolved around a dispute over mining rights and property ownership in Colorado. The plaintiff, McMillen, claimed that the defendant, Ferrum Mining Company had unlawfully encroached on his mining claim known as "Iron Mask Lode". He sought to recover damages for ore extracted by the company from this lode. However, the court found that there was insufficient evidence to prove that any part of Iron Mask Lode extended into the area mined by Ferrum Mining Company or if it did extend into their territory whether they were aware of such an extension at all while extracting ore from their own land. Therefore, since it could not be proven beyond doubt that Ferrum knowingly trespassed onto McMillen's claim and illegally extracted minerals from it; no compensation was awarded to him.

The dissenting opinion in the McMillen v. Ferrum Mining Company case argued that the majority's decision to uphold a lower court ruling, which found in favor of Ferrum Mining Company, was incorrect. The dissenting justices believed that the plaintiff had presented sufficient evidence to prove his claim against Ferrum for damages caused by their mining operations on his property. They contended that it was not necessary for him to show specific acts of negligence on part of the company but rather demonstrate an overall pattern of harm resulting from its activities. Furthermore, they disagreed with the majority’s interpretation and application of legal principles related to nuisance and trespass laws, arguing these should have been applied more broadly considering environmental damage inflicted upon McMillen’s land due to defendant's actions.