In the case of Texas & Pacific Railway v. Griffin in 1893, the U.S Supreme Court ruled on a dispute involving damages caused by livestock killed on railway tracks. The plaintiff, Griffin, had sued for compensation after his cattle were struck and killed by a train operated by Texas & Pacific Railway Company. The company argued that it was not liable because there was no negligence involved as they had taken all necessary precautions to prevent such accidents from happening. However, under Texas law at that time, railroads were held responsible for any damage done to livestock unless fences or other protective measures were installed along their tracks - which the company hadn't done. The court upheld this state law and ruled in favor of Griffin stating that while railways are instrumentalities of commerce among states and subject to regulation by Congress; until Congress acts upon it with respect to fencing requirements or liability rules regarding animals straying onto railroad property within its boundaries - state laws will govern these matters.

In the dissenting opinion for Texas & Pacific Railway v. Griffin, Justice Brewer argued that the majority's decision was inconsistent with previous rulings and failed to consider important factors of the case. He contended that a railroad company should be held liable for damages caused by its employees' negligence while performing their duties, even if those actions were not explicitly authorized by the company. In this particular case, he believed that since an employee of Texas & Pacific Railway negligently set fire to grass on land owned by Griffin causing damage, it was irrelevant whether or not such action had been directly ordered by his superiors at the railway company; what mattered was that it occurred in line with his employment responsibilities. Therefore, according to Justice Brewer’s view, liability should have been imposed upon Texas & Pacific Railway as they are responsible for their employees’ actions during work hours.