McCune v. Baltimore & O. R.
Court of Appeals for the Third Circuit
In Error to Circuit Court of the United States for the Western District of Pennsylvania.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
In the court below James B. Mc-Cune, the plaintiff in error, brought an action at law against the Baltimore & Ohio Railroad Company to recover damages for infringement of a patent granted to him May 18, 1886, for a locomotive ashpan. The patent had expired before suit brought. McCune had never granted a license, established a royalty, or manufactured and sold the patented device. There was testimony tending to prove the defendant infringed the patent. Thereupon the plaintiff offered to prove the utility and advantages of his patented device, that it had been…
2Cases cited6 opinions
- United States v. LeeSupreme Court of the United States · 1882
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Root v. Railway Co.Supreme Court of the United States · 1882
- Coupe v. RoyerSupreme Court of the United States · 1895
- Birdsall v. CoolidgeSupreme Court of the United States · 1876
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3Cited by6 opinions
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- Tompkins v. International Paper Co.Court of Appeals for the Second Circuit · 1910
- Motor Player Corporation v. Piano Motors CorporationDistrict Court, D. New Jersey · 1927
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