Schwarzel v. Holenshade
District Court, S.D. Ohio
This was a motion, under section 14 of the act of 1836, to treble the damages found by the jury in an action, on the case, for the infringement of letters patent [No. 41232] for a new and useful "improvement in grain separators," granted to John W. Free and Harrison Ogborn, January 12, 1864, and assigned to plaintiff [John Schwarzel], for the counties of Ross, Pike, Pickaway, Scioto, and Fay-ette, in the state of Ohio.
1Opinion of the Court
OPINION OF THE COURT.
A motion is made in this case for a judgment for treble the amount of damages found by the jury against the defendants, on the ground that the infringements of the plaintiff’s patents, as proved on the trial, were wanton and willful, and that the damages are altogether inadequate. The action was brought for an infringement of the plaintiff’s exclusive right, by purchase and assignment, in a grain separator or fanning machine, for five counties in the state of Ohio. The defendants [Jacob W. *773Holenshade and Edward C. Morris] did not appear to defend the action, and in the…
2Cited by1 opinion
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