Sayles v. Louisville City R.

Barr, D. J.

This is an action on the case to recover damages for an alleged infringement of a patent-right. The patent is for an “improvement in railroad car-brakes.” This patent was issued July 6, 1852, and was reissued and extended July 6,1866, for the term of seven years. The plaintiff alleges that the defendant used this patent car-brake from July 6, 1864, until the expiration of the extended term — July 6, 1873. The defendant pleads the lapse of five years, and relies upon the Kentucky statute of limitation in bar of the action. The plaintiff demurred to this plea, and the defendant has…