Legal Opinion · Dissent

Winans v. Denmead

Supreme Court of the United States

Decided February 18, 1854Published

This case was brought up by writ of error from the Circuit Court of the United Coates for the District of Maryland. It was an' action brought by Ross "Winans for the infringement of a patent-right. The jury, under the instruction of the District Judge, the late Judge Glenn, then sitting alone, found a verdict for the defendants; and the plaintiff brought the case to this court by a writ of error.

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This case was brought up by writ of error from the Circuit Court of the United Coates for the District of Maryland. It was an' action brought by Ross "Winans for the infringement of a patent-right. The jury, under the instruction of the District Judge, the late Judge Glenn, then sitting alone, found a verdict for the defendants; and the plaintiff brought the case to this court by a writ of error. The nature of the, case is set forth in the explanatory statement prefixed to the argument of the counsel for the plaintiff in error.

1DissentJustice Campbell

I dissent from the opinion of the court in this case.

The plaintiff' claims to have designed and constructed a car for the transportation of coal on railroads which shall carry the heaviest load, in proportion to its own weight. -

His design consists in the adoption of the “ conical form ” •‘for the body of the car,” “whereby the weight of the load presses' equally in .all directions; ” does not “ tend to change the form of the car; ” permits it “ to extend down within the truck,” lowering “ the. centre of gravity of the load,” and by its reduced sizé at' the bottom adding to its strength and…

2Cases cited3 opinions

  1. Bean v. SmallwoodU.S. Circuit Court for the District of Massachusetts · 1843
  2. Davis v. PalmerU.S. Circuit Court for the District of Virginia · 1827
  3. Winans v. Boston & P. R. Co.U.S. Circuit Court for the District of Massachusetts · 1843

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