In the 1913 case of Missouri, Kansas & Texas Railway Company of Texas v. Cade, the U.S. Supreme Court examined a dispute over land ownership in Texas. The railway company claimed that it had acquired title to certain lands under an Act of Congress from 1875 which granted them to any railroad company that would build through them. However, Cade argued he owned these lands due to his purchase from a man named George Clark who had received patent for this land from the State of Texas before the act was passed by Congress. The court ruled in favor of Cade stating that when Clark obtained his patent, there were no conditions attached and thus he became absolute owner with power to convey full title free and clear from any claim on part of state or federal government based on subsequent legislation like Railroad Grant Act.

In the dissenting opinion for Missouri, Kansas & Texas Railway Company of Texas v. Cade, it was argued that the majority's decision to hold a railway company liable for damages caused by sparks from its locomotive was unjustified. The dissenting justices believed that there wasn't sufficient evidence to prove negligence on part of the railway company and thus, they should not be held responsible for any damage caused by such sparks. They asserted that railroads are not insurers against all accidents but only those which occur due to their negligence or fault. Furthermore, they contended that in this case, where no specific act of negligence could be pointed out other than operation itself - an inevitable aspect of running a railroad - holding them accountable would set an unfair precedent.