Pennsylvania Railroad v. Locomotive Engine Safety Truck Co.
Supreme Court of the United States
APPEAL EROM THE CIBCUIT COUBT OE THE UNITED STATES EOR THE EASTERN DISTRICT OP PENNSYLVANIA. Suit in equity for alleged infringement of letters patent for an improvement in trucks for locomotives by the employment of pilot wheels to allow of lateral motion to the engine. The defence was: 1st. Public use for more than two years before the patentee’s application; 2d. Want of novelty.
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APPEAL EROM THE CIBCUIT COUBT OE THE UNITED STATES EOR THE EASTERN DISTRICT OP PENNSYLVANIA. Suit in equity for alleged infringement of letters patent for an improvement in trucks for locomotives by the employment of pilot wheels to allow of lateral motion to the engine. The defence was: 1st. Public use for more than two years before the patentee’s application; 2d. Want of novelty. The court below found that the invention had been in use on cars prior to the patent, but not as applied to locomotives, and a decree was entered sustaining the patent, from which the defendant below appealed
1Opinion of the CourtJustice Gray
This is an appeal by the defendant below from a decree against it upon a bill in equity for the infringement of letters patent granted on February 11th, 1862, to Alba F. Smith, for an improvement in trucks for locomotive engines, the specification annexed to which, except the drawings and the letters referring to them and the formal .beginning and conclusion, was as follows
“ Several laterally moving trucks have heretofore been made and applied to railroad cars. My invention does not relaté broadly to such laterally moving trueks ; but my said invention consists' in the employment, in a…
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