In the case of Missouri, Kansas and Texas Railway Company v. McCann in 1898, the U.S Supreme Court ruled on a dispute regarding land grants for railway construction. The plaintiff, McCann, claimed that he had purchased part of a land grant given to the Pacific Railroad by Congress in 1852. However, this particular piece of land was later granted to another railroad company (Missouri, Kansas and Texas Railway) by an act passed in 1866 due to non-completion of work by Pacific Railroad within stipulated time frame. The court held that when Congress made its second grant it did so with full knowledge that some parts might have been sold off already but chose not to include any protective provisions for such purchasers like McCann. Therefore, the title remained with Missouri-Kansas-Texas Railway Co., as they were subsequent grantees from Congress who completed their line through these lands before forfeiture proceedings against original grantee could be finalized.

In the dissenting opinion for Missouri, Kansas and Texas Railway Company v. McCann, Justice Harlan argued that the majority's decision was inconsistent with previous rulings of the court regarding similar issues. He contended that a railway company should be held responsible for damages caused by its negligence or failure to provide safe conditions for passengers, regardless of whether it had contracted out certain services to another party. In this case, he believed that the defendant railway company could not absolve itself from liability simply because it had hired an independent contractor to operate its sleeping cars. The fact remained that these cars were part of their trains and they owed a duty of care towards their passengers who used them.