McMillin v. St. Louis & Vicksburgh Anchor Line
U.S. Circuit Court for the District of Eastern Missouri
In Equity.
1Opinion of the CourtTreat, J.
This and six other cases have been submitted to the court on substantially the same question. Anticipations are alleged with respect'to the Charles Belden and the Constitution, it being alleged that, in both these steamers, freight-hoisters or nigger-engines had been used to rotate the capstans. The presumption is in favor of the validity of the patent, which presumption must be overcome by clear and positive testimony. Under some conditions of the cases submitted, it might be doubtful whether that repelling testimony was adequate according to the rule stated. The first inquiry exacts the…
2Cited by2 opinions
- General Electric Co. v. New England Electric Mfg. Co.Court of Appeals for the Second Circuit · 1904
- M'Millin v. BarclayU.S. Circuit Court for the District of Western Pennsylvania · 1871