Shepherd v. Baltimore and Ohio Railroad Company was a Supreme Court case that was decided in 1877. The case involved a dispute between a railroad company and a farmer over the right of way of a railroad line. The farmer, Shepherd, owned land that the railroad wanted to use for its line. Shepherd refused to grant the right of way and the railroad sued him for damages. The Supreme Court ruled in favor of the railroad, finding that the railroad had the right to use the land for its line. The Court held that the railroad had the right to use the land for its line, even if it caused some damage to the landowner. The Court also held that the railroad was not required to pay for the damages caused by its use of the land. The decision in Shepherd v. Baltimore and Ohio Railroad Company established the principle that a railroad company has the right to use land for its line, even if it causes some damage to the landowner. This principle has been applied in many cases since then, and it is still an important part of the law today.

In the dissenting opinion of Shepherd v. Baltimore and Ohio Railroad Company, Justice Field argued that the majority had misinterpreted a previous Supreme Court decision in order to reach their conclusion. He believed that the court should have focused on whether or not there was an implied contract between Shepherd and B&O, rather than focusing solely on whether or not he was an employee of B&O. In his view, if such a contract existed then it would be enforceable regardless of any other considerations regarding employment status. Furthermore, he argued that even if no express agreement existed between them, under certain circumstances courts could imply one based upon prior dealings between parties as well as industry custom and usage at the time. Ultimately Justice Field felt that this case should have been decided by looking at all relevant facts before making a determination about contractual obligations instead of relying solely upon employment status alone