The Wiggins Ferry Company v. Ohio and Mississippi Railway Company case in 1891 revolved around a dispute over the use of ferry landings on the Illinois side of the Mississippi River. The Wiggins Ferry Company claimed exclusive rights to these landings based on an 1853 lease from the city of East St. Louis, while Ohio & Mississippi Railway argued that this exclusivity was voided by an 1869 act which allowed any railway company access to riverfront property for terminal facilities. The Supreme Court ruled in favor of Ohio & Mississippi Railway, stating that although Wiggins had obtained certain privileges through its lease with East St. Louis, it did not have absolute control over all waterfront properties along the river's edge within city limits; therefore, other companies could also utilize these lands if they were granted permission by local authorities or state legislation.

In the dissenting opinion for Wiggins Ferry Company v. Ohio and Mississippi Railway Company, it was argued that the majority's decision failed to properly consider the rights of ferry companies under existing contracts. The dissenting justices believed that these contracts should be upheld unless they were clearly against public policy or law. They also disagreed with the majority's interpretation of Illinois state law regarding ferries and their right to land passengers on any part of a river bank not specifically reserved by another party. In their view, this right did not extend to railway companies who had obtained exclusive use of certain landing areas through private agreements or leases. Therefore, they felt that Wiggins Ferry Company should have been allowed to continue its operations without interference from Ohio & Mississippi Railway Company.