Graham v. Earl
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United Hiatos for the Northern District of California. This was an action at law by Robert Graham against Edwin T. Earl !o recover damages for infringement of a patent relating to ventilators for refrigerator cars. In the circuit court there was a verdict and judgment for plaintiff for nominal damages, in the sum of one dollar, and the defendant brings error.
1Opinion of the Court
DE HAVEN, District Judge.
This action was brought to recover damar^s for the infringement of reissued letters patent numbered 11,321. granted to the plaintiff on the 18th day of April, 1893, and *738entitled, “Ventilator and Combined Ventilator and Refrigerator Car.” The complaint alleges that the invention patented was “a ventilator and combined ventilator and refrigerator car,” but makes special reference to such letters “for further and fuller description of the invention therein patented”; and this reference imports into the complaint the description contained in the patent, and is controlling…
2Cases cited9 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- California Artificial Stone Paving Co. v. MolitorSupreme Court of the United States · 1885
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Union Metallic Cartridge Co. v. United States Cartridge Co.Supreme Court of the United States · 1884
- United Nickel Co. v. WorthingtonU.S. Circuit Court for the District of Massachusetts · 1882
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3Cited by2 opinions
- Southern Pac. Co. v. EarlCourt of Appeals for the Ninth Circuit · 1897
- Palmer v. LandphereU.S. Circuit Court for the District of Connecticut · 1900