In the 1894 case of Wisconsin Central Railroad Company v. Forsythe, the U.S. Supreme Court ruled in favor of the railroad company, reversing a decision by the Supreme Court of Minnesota. The dispute arose when Forsythe sued for damages after his land was flooded due to a dam built by Wisconsin Central Railroad Company on its own property upstream from Forsythe's land. The lower court had found that although no physical invasion or trespass occurred onto Forsyth’s property, he still suffered an injury and awarded him compensation accordingly. However, upon appeal to the U.S. Supreme Court it was held that while there may have been some indirect damage caused by increased water flow resulting from construction activities on neighboring properties (in this case - building a dam), such incidental consequences did not constitute legal injuries unless they involved direct physical invasions or infringements upon another's rights over their own property. The ruling clarified that under common law principles governing riparian rights (rights relating to water bodies adjacent to one's land), mere consequential damages like those claimed by Mr.Forsyth were non-compensable without any actual trespassing taking place.

In the dissenting opinion for Wisconsin Central Railroad Company v. Forsythe, the justice disagreed with the majority's interpretation of liability in this case. The justice argued that while it was true that a railroad company could be held liable for damages caused by sparks from its locomotives, such liability should not extend to cases where there is no negligence on part of the company. In this particular case, all precautions had been taken and yet an accident occurred due to unforeseen circumstances beyond anyone's control - a sudden gust of wind blew sparks onto adjacent property causing damage. The dissenting opinion stressed that holding companies responsible even when they have exercised utmost care would set a dangerous precedent and discourage businesses from operating at all out of fear of uncontrollable risks.