Union Pacific Railway Company v. McAlpine was a Supreme Court case that was decided in 1877. The case involved a dispute between Union Pacific Railway Company and McAlpine, a farmer who owned land adjacent to the railway. McAlpine had sued Union Pacific for damages caused by the railway's construction, claiming that the railway had caused flooding on his land. The Supreme Court ruled in favor of Union Pacific, finding that the railway had not caused any damage to McAlpine's land and that the flooding was due to natural causes. The Court also held that Union Pacific had the right to construct the railway on its own land, and that McAlpine had no right to interfere with the construction. The Court's decision established the principle that a railway company has the right to construct its railway on its own land, and that landowners cannot interfere with the construction. The decision also established the principle that a railway company is not liable for damages caused by natural causes.

In the dissenting opinion of Union Pacific Railway Company v. McAlpine, Justice Harlan argued that the majority's decision was wrongfully based on a misapplication of precedent and an incorrect interpretation of the law. He believed that Congress had not intended to grant railroad companies immunity from liability for their negligence in failing to provide adequate safety measures for employees when it passed the Federal Employers' Liability Act (FELA). Furthermore, he noted that FELA should be interpreted broadly in order to protect workers who are injured due to employer negligence. In his view, this case presented a clear example where such protection was necessary; thus, he concluded that McAlpine should have been allowed to recover damages from Union Pacific Railway Company for its failure to provide safe working conditions.