The United States v. Gettysburg Electric Railway Company case in 1895 revolved around the issue of eminent domain and its application to historic preservation. The Gettysburg Electric Railway Company had built tracks across parts of the battlefield at Gettysburg, Pennsylvania, which was a significant site from the American Civil War. The U.S government sought to preserve this land for historical purposes and filed suit against the railway company to prevent further construction or damage on these grounds. The Supreme Court ruled in favor of the government, stating that it did have a right under eminent domain laws to seize property for public use if necessary compensation is provided. This decision marked an important precedent as it recognized preserving history as a valid public use under eminent domain law.

The dissenting opinion in the United States v. Gettysburg Electric Railway Company case argued that the government's appropriation of private property for a national military park was not justified under its power of eminent domain. The justice contended that while the government has this right for public use, such as building roads or forts, it does not extend to creating parks for commemorative purposes. He maintained that using eminent domain in this way could lead to an overreach of governmental powers and potential misuse. Furthermore, he disagreed with the majority's view on what constitutes 'public use', arguing instead that it should be strictly interpreted as something necessary and beneficial to all citizens rather than broadly including anything which might contribute indirectly towards their education or pleasure.