Westinghouse Air-Brake Co. v. Great Northern Ry. Co.
Court of Appeals for the Second Circuit
This appeal is by the Great Northern Ráilway Company from an order of the circuit court for the Southern district of New York, which granted a preliminary injunction against the infringement by that corporation of claims 1, 2, and 3 of letters patent No. 376,837, applied for October 1, 1887, and issued to George Westinghouse, Jr., on January 24, 1888, for improvements in fluid pressure brake mechanism.
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This appeal is by the Great Northern Ráilway Company from an order of the circuit court for the Southern district of New York, which granted a preliminary injunction against the infringement by that corporation of claims 1, 2, and 3 of letters patent No. 376,837, applied for October 1, 1887, and issued to George Westinghouse, Jr., on January 24, 1888, for improvements in fluid pressure brake mechanism. The bill of complaint was filed October 8, 1896, and the defendant filed pleas to the jurisdiction, which were overruled December 27, 1897. The order for an injunction pendente lite was granted…
1Opinion of the Court
SHIPMAN, Circuit Judge.
The first question which arises upon this appeal is that of the jurisdiction of the circuit court for the Southern district of New York over the cause, so far forth as it relates to the appellant. The Great Northern Railway Company is a corporation organized under the laws of the state of Minnesota, and is a citizen of that state, and operates a line of railway from Duluth and St. Paul to the Pacific coast. It has an office in the city of New York, where its transfer books are kept and transfers of stock are made; and this part of its corporate business is attended to…
2Cases cited9 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- In Re HohorstSupreme Court of the United States · 1893
- In Re Keasbey & Mattison Co.Supreme Court of the United States · 1895
- Harvey v. TylerSupreme Court of the United States · 1865
- Société Foncière Et Agricole Des États Unis v. MillikenSupreme Court of the United States · 1890
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3Cited by35 opinions
- Stonite Products Co. v. Melvin Lloyd Co.Supreme Court of the United States · 1942
- Carson v. American Smelting & Refining Co.Court of Appeals for the Ninth Circuit · 1925
- Industrial Research Corp. v. General Motors CorporationDistrict Court, N.D. Ohio · 1928
- Permutit Co. v. Harvey Laundry Co.Court of Appeals for the Second Circuit · 1922
- General Electric Co. v. Hoskins Mfg. Co.Court of Appeals for the Seventh Circuit · 1915
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