The Richmond, Fredericksburg, and Potomac Railroad Company (plaintiffs) brought a case against the Louisa Railroad Company (defendants). The plaintiffs argued that they had an exclusive right to operate their railroad within certain boundaries. They claimed that the defendants were infringing on this right by operating their own railway line in the same area. The Supreme Court found in favor of the defendants, ruling that there was no evidence of any contract or agreement between them and the plaintiffs which would give them exclusive rights over these areas. Furthermore, it was determined that even if such an agreement did exist at one point in time, it had been abandoned due to lack of use for many years prior to this case being heard. As a result, both companies were allowed to continue running their respective railways without interference from each other.

In the dissenting opinion of The Richmond, Fredericksburg, and Potomac Railroad Company v. The Louisa Railroad Company, Justice McLean argued that the majority's decision was not supported by precedent or sound legal reasoning. He believed that a railroad company should be able to sue another for damages caused by negligence in operating its own road without having to prove any special contract between them. Furthermore, he argued that it would be unjust if one party could escape liability simply because they had not entered into an agreement with their neighbor regarding safety measures on their respective roads. In conclusion, Justice McLean disagreed with the majority's ruling and maintained his belief that a railroad company should have recourse against another for injuries resulting from negligent operation of its own road regardless of whether there is an express contract between them or not.