Cox v. Griggs
U.S. Circuit Court for the Northern District of Illnois
At law. This was an action on the case tried by Judge Drummond and a jury to recover damages for the infringement of letters patent [No. 25,09S] granted to Thomas S. Cox, August 16, 1859, for “an improvement in the mole of drain plows.” A mole plow is an implement of iron, forced by appropriate machinery, in a horizontal direction, below the surface of the earth, in such a manner as to leave behind it a drain hole or tube, the sides of which are formed of compressed earth.
Read the full summary
At law. This was an action on the case tried by Judge Drummond and a jury to recover damages for the infringement of letters patent [No. 25,09S] granted to Thomas S. Cox, August 16, 1859, for “an improvement in the mole of drain plows.” A mole plow is an implement of iron, forced by appropriate machinery, in a horizontal direction, below the surface of the earth, in such a manner as to leave behind it a drain hole or tube, the sides of which are formed of compressed earth. The claim and an extract from the specification are given in the charge of the court.
1Opinion of the Court
DRUMMOND, District Judge.
This case has been so fully argued that it is not necessary to comment on it at much length. The questions, of law are few and simple. The main controversy is as to the facts. It is proper, in the first place, to call your attention to the plaintiff’s patent. The specifications are brief, and, that you may comprehend them, I will read an extract: “The nature of my invention consists in forming the terra ducts ‘B’ on either side of the shank ‘A’ in such a shape as to carry the dirt from the bottom of the ditch to the top, and deposit it in the rear of the shank ‘A’…
2Cited by2 opinions
- Christie v. SeyboldCourt of Appeals for the Sixth Circuit · 1893
- Yates v. HusonDistrict of Columbia Court of Appeals · 1896