Legal Opinion

Westinghouse Air-Brake Co. v. New York Air-Brake Co.

Court of Appeals for the Second Circuit

Decided October 15, 1894No. Nos. 4,976, 4,977, and 5,315PublishedCited by 20 opinions

These were suits by the Westinghouse Air-Brake Company against the New York Air-Brake Company and others, and by George Westinghouse, Jr., and the Westinghouse Air-Brake Company against the New York Air-Brake Company and others, for the infringement of certain patents for improvements in railroad brakes.

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These were suits by the Westinghouse Air-Brake Company against the New York Air-Brake Company and others, and by George Westinghouse, Jr., and the Westinghouse Air-Brake Company against the New York Air-Brake Company and others, for the infringement of certain patents for improvements in railroad brakes. The bills were dismissed as to some of the patents, and decrees granted as to certain specific claims in the rest of the patents. 59 Fed. 581. Complainants and defendants respectively appeal from these decrees.

1Opinion of the Court

SHIPMAN, Circuit Judge.

The various appeals in these three cases are from decrees of the circuit court for the southern district of New York upon three bills in equity for the alleged infringement of letters patent. No. 4,977 was founded upon letters patent No. 376,837, dated January 24, 1888, and letters patent No. 172,064, dated February 11, 1876, each issued to George Westinghouse, Jr. The circuit court decreed that the defendants should be enjoined against their infringement of the first, second, and third claims of No. 376,837, and that the bill should be dismissed as to No. 172,064. No.…

2Cases cited2 opinions

  1. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  2. Morley Sewing MacHine Co. v. LancasterSupreme Court of the United States · 1889

3Cited by20 opinions

  1. Higgin Mfg. Co. v. WatsonCourt of Appeals for the Sixth Circuit · 1920
  2. Westinghouse Air Brake Co. v. New York Air Brake Co.Court of Appeals for the Second Circuit · 1902
  3. Bowers v. San Francisco Bridge Co.U.S. Circuit Court for the District of Northern California · 1898
  4. Westinghouse Air-Brake Co. v. Chicago Brake & Manufacturing Co.U.S. Circuit Court for the Northern District of Illnois · 1898
  5. Westinghouse v. Boyden Power-Brake Co.U.S. Circuit Court for the District of Maryland · 1895

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