In the 1920 case of Michigan Central Railroad Company v. Mark Owen & Company, the U.S Supreme Court was tasked with determining whether a shipper could recover damages for delay in transportation from a carrier who had given no specific promise as to time of delivery. The dispute arose when Mark Owen & Co., a wholesale fruit distributor, sued Michigan Central Railroad for losses incurred due to delays in transporting peaches which resulted in their spoilage. The railroad company argued that it had not guaranteed any specific delivery time and therefore should not be held liable for the loss. The court ruled against Michigan Central Railroad stating that while there may have been no explicit agreement regarding timing, an implicit obligation existed on part of carriers to transport goods within reasonable timeframe without unnecessary delay. It further stated that what constitutes 'reasonable' is dependent upon circumstances including nature and condition of goods among other factors. This ruling established important precedent by clarifying responsibilities and liabilities associated with carriage contracts even where certain terms are left unspecified or implied rather than explicitly agreed upon.

The dissenting opinion in the case of Michigan Central Railroad Company v. Mark Owen & Company argued that the majority's decision to hold the railroad company liable for damages was incorrect, as it failed to consider key aspects of contract law and common carrier obligations. The dissent emphasized that a common carrier cannot be held responsible for losses incurred due to unforeseen circumstances or events beyond its control, such as thefts committed by third parties. It also highlighted that there was no explicit agreement between both parties stating that the railroad would assume liability for any loss or damage caused during transit. Therefore, according to this view, since neither negligence nor breach of duty could be proven against the railway company, they should not have been held accountable for compensating Mark Owen & Company’s losses.