In Northern Pacific Railroad Company v. Herbert, the Supreme Court of the United States was asked to decide whether a railroad company could be held liable for damages caused by a fire that was started by sparks from one of its locomotives. The Court held that the railroad company was liable for the damages caused by the fire, as it was foreseeable that sparks from the locomotive could cause a fire. The case arose when the Northern Pacific Railroad Company's locomotive set fire to a field owned by the Herbert family. The Herberts sued the railroad company for damages, arguing that the company was negligent in allowing sparks from the locomotive to start the fire. The railroad company argued that it was not liable for the damages, as it was not foreseeable that sparks from the locomotive could cause a fire. The Supreme Court disagreed with the railroad company, holding that it was foreseeable that sparks from the locomotive could cause a fire. The Court noted that the railroad company had a duty to take reasonable precautions to prevent fires from occurring, and that it had failed to do so. As a result, the Court held that the railroad company was liable for the damages caused by the fire.

In the case of Northern Pacific Railroad Company v. Herbert, the Supreme Court was tasked with determining whether a railroad company could be held liable for damages caused by an employee’s negligence while operating a train on its tracks. The majority opinion found that the railroad company was not liable because it had no control over how its employees operated their trains and thus could not be held responsible for any resulting damage or injury. However, Justice Field dissented from this opinion and argued that since the railway companies were in charge of maintaining their tracks and ensuring they were safe to use, they should also bear some responsibility when accidents occur due to negligent operation of their trains. He further noted that if such liability did not exist then there would be little incentive for railway companies to ensure safety standards are met as they would have no fear of being sued if something went wrong.