Root v. Third Avenue Railroad
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE SOUTHERN DISTRICT OF NEW YORK. This was a suit in equity, brought July 12, 1886, in the Circuit Court of the United States for the Southern District of New York, by Henry Boot against the Third Avenue Bail-road Company, founded on the alleged infringement of letters patent No. 262,126, granted August 1,1882, to the plaintiff, for an “ improvement in the construction of cable rail ways,”on an application'filed…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE SOUTHERN DISTRICT OF NEW YORK. This was a suit in equity, brought July 12, 1886, in the Circuit Court of the United States for the Southern District of New York, by Henry Boot against the Third Avenue Bail-road Company, founded on the alleged infringement of letters patent No. 262,126, granted August 1,1882, to the plaintiff, for an “ improvement in the construction of cable rail ways,”on an application'filed September 8, 1881. The specification of the patent said: “ My- invention relates to cable railways, and it consists in the…
1Opinion of the CourtJustice Blatchford
The Circuit Court truly says, in its opinion: “Manifestly the complainant received a consideration for devising and consenting to the use of an invention which was designed to be a complete, permanent structure, -which -was to cost a large sum of money, and which he knew wrould not meet the expectation of those who had employed him, unless it should prove to be in all respects a practically operative and reasonably durable one. If he had entertained any serious doubts of its adequacy for the purpose for which it was intended, it would seem that he would not have recommended it in view of the…
2Cases cited4 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Egbert v. LippmannSupreme Court of the United States · 1881
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- Hall v. MacNealeSupreme Court of the United States · 1883
3Cited by29 opinions
- John P. O'Brien v. Westinghouse Electric CorporationCourt of Appeals for the Third Circuit · 1961
- Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900
- Robert C. Watson, Commissioner of Patents v. Thomas J. AllenCourt of Appeals for the D.C. Circuit · 1958
- Aerovox Corporation v. Polymet Mfg. CorporationCourt of Appeals for the Second Circuit · 1933
- Bull v. Logetronics, Inc.District Court, E.D. Virginia · 1971
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