In the case of Pennsylvania Coal and Coke Company v. Cassatt (1907), the U.S Supreme Court was tasked with determining whether a coal company could be held liable for damages caused by mining operations to a neighboring property owner's land. The plaintiff, A.J. Cassatt, claimed that his property had been damaged due to subsidence resulting from the defendant’s underground mining activities on adjacent lands. The court ruled in favor of the coal company, stating that it was not responsible for any damage caused as long as they were operating within their rights under an easement granted by previous owners of Cassat's land which allowed them to mine without liability for consequential damages above ground. This ruling established precedent regarding mineral rights and surface use in relation to private property law.

In the dissenting opinion for Pennsylvania Coal and Coke Company v. Cassatt, Justice Holmes argued that the majority's decision to allow a coal company to mine under private property without compensation was unjust. He believed that it violated the Fifth Amendment's Takings Clause, which prohibits the government from taking private property for public use without just compensation. According to him, allowing such mining activities could result in significant damage or even destruction of homes built on these lands. Furthermore, he disagreed with the majority’s interpretation of “support” clauses in deeds as not including support from subjacent (underlying) soil or minerals; instead arguing they should be interpreted more broadly to include any physical support necessary for maintaining surface stability. Therefore, he concluded that if a coal company removes this essential support by mining underneath privately owned land causing subsidence damages then it should compensate homeowners accordingly.