In the case of Missouri Pacific Railway Company v. McFadden in 1893, the U.S Supreme Court ruled in favor of Missouri Pacific Railway Company. The dispute arose when a train owned by the railway company collided with and killed livestock belonging to McFadden, who then sued for damages. The court found that although there was no fence along the section of track where the incident occurred - as required by state law - it did not automatically make the railway company liable for damages because there was no evidence showing negligence on their part. Furthermore, it was established that McFadden's animals were trespassing onto railroad property at time of accident which contributed to his loss. Therefore, despite non-compliance with fencing laws by Missouri Pacific Railway Co., they were not held responsible for damage caused due to absence of proof regarding their negligence or misconduct during operation.

The dissenting opinion in the case of Missouri Pacific Railway Company v. McFadden argued that the majority's decision to hold the railway company liable for damages was incorrect. The dissenting justice believed that there was insufficient evidence to prove negligence on part of the railway company, and thus they should not be held responsible for McFadden's injuries. They pointed out that it is a common practice among railroads to move cars from one track to another using momentum, without an engine attached, which is what happened in this case when McFadden got injured. Therefore, according to them, such actions cannot be considered as inherently negligent or dangerous if performed with due care and caution. Furthermore, they contended that even if there were any negligence involved in moving cars without engines attached; it would have been contributory negligence by McFadden himself who chose voluntarily to ride on such a car knowing well about its movement process.