Brick v. Staten Island Ry. Co.
U.S. Circuit Court for the District of Southern New York
On demurrer.
1Opinion of the CourtCoxe, J.
The complainant, who is the owner of letters patent for an “improved safety gas-tank for vessels,” files his bill in the usual form, alleging infringement by the defendant, and praying for a discovery, an injunction, and an accounting. The defendant demurs upon the sole ground that the complainant is not entitled to equitable relief.
Courts of equity have frequently refused to retain jurisdiction in these eases where the patent has expired, or is about to expire, or where the complainant is guilty of laches in asserting his rights, or where it can be ascertained, in the particular case under…
2Cases cited3 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Landsdale v. SmithSupreme Court of the United States · 1882
- Vaughan v. Central Pac. R.U.S. Circuit Court for the District of California · 1877
3Cited by1 opinion
- Dowling v. Isthmian S.S. CorporationCourt of Appeals for the Third Circuit · 1950