In the case of Texas & Pacific Railway Company v. Anderson in 1892, the U.S Supreme Court was tasked with determining whether a railway company could be held liable for damages caused by sparks from one of its locomotives setting fire to and destroying property adjacent to its tracks. The plaintiff, Anderson, had suffered significant losses when his cotton crop was destroyed by such a fire. The court ruled in favor of Anderson, establishing that railroads were indeed responsible for damage caused by fires started as a result of their operations. This decision set an important precedent regarding liability and responsibility within industries where potential harm could come to surrounding properties due to business activities.

In the dissenting opinion for Texas & Pacific Railway Company v. Anderson, Justice Brewer argued that the majority's decision to hold a railway company liable for damages caused by its negligence was unjustified. He contended that there was no evidence proving the railway company had been negligent or reckless in their actions leading up to the accident which resulted in Anderson’s injury. Furthermore, he stated that it is not reasonable to assume every accident occurring on a railroad must be due to some fault of those operating it and thus automatically assign liability without concrete proof of negligence or misconduct. The burden of proof should rest with the plaintiff (Anderson) who claimed damage from alleged neglectful behavior rather than presuming guilt on part of defendant (railway company). This presumption contradicts fundamental principles underlying our legal system where innocence is presumed until proven guilty.