Pitts v. Hall
U.S. Circuit Court for the District of Northern New York
This was an action on the case [by John A. Pitts against Joseph Hall], tried before Mr. Justice NELSON and Judge CONK-LING, for the infringement of letters patent [No. 4,505] granted to Daniel Carey, of Clark-son, N. Y., June 27th, 1846, for an “improvement in the horse-power.” The plaintiff was assignee of the patent, for the state of New-York. The infringement alleged was the making and selling horse-powers containing the patented improvement.
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This was an action on the case [by John A. Pitts against Joseph Hall], tried before Mr. Justice NELSON and Judge CONK-LING, for the infringement of letters patent [No. 4,505] granted to Daniel Carey, of Clark-son, N. Y., June 27th, 1846, for an “improvement in the horse-power.” The plaintiff was assignee of the patent, for the state of New-York. The infringement alleged was the making and selling horse-powers containing the patented improvement. There was no dispute as to the identity of the defendant’s machines with that patented. [The claim of the patentee was as follows: Having thus fully…
1Opinion of the CourtNelson, Circuit Justice
(charging jury). As to the particulars of the improvement invented by Carey, we do not think it material to call your attention to them critically, because they are not in controversy. In very general terms we may say, that the invention is a new arrangement of the gearing of the horse-power, by duplicating it, and in this way distributing the power applied to the line or driving shaft, and diminishing the strain on any one part of it. It is admitted by the defendant that this arrangement of the gearing and distribution of the strain, in the operation of the machine, is new and useful, and…
2Cited by11 opinions
- Egbert v. LippmannSupreme Court of the United States · 1881
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Piet v. United StatesDistrict Court, S.D. California · 1959
- Smith & Davis Manuf'g Co. v. MellonCourt of Appeals for the Eighth Circuit · 1893
- Allinson Mfg. Co. v. Ideal Filter Co.Court of Appeals for the Eighth Circuit · 1927
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