Ney v. Ney Manuf'g Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United Stales for the Eastern Division of the Northern District of Ohio. This was an appeal from a decree in a suit in equity by the Ney Manufacturing Company to restrain Valentine Ney from infringing letters patent” No. 287,772, issued on the 30th day of October, 1883, to the complainant, as the assignee of one Jacob Ney, for an improvement in hay-elevator tracks.
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Appeal from the Circuit Court of the United Stales for the Eastern Division of the Northern District of Ohio. This was an appeal from a decree in a suit in equity by the Ney Manufacturing Company to restrain Valentine Ney from infringing letters patent” No. 287,772, issued on the 30th day of October, 1883, to the complainant, as the assignee of one Jacob Ney, for an improvement in hay-elevator tracks. By his answer the defendant attacked the validity of iho patent, as being for a device which did not involve invention, and which had been anticipated by a number-of patents. Ho averred (hat…
1Opinion of the CourtTaft, Circuit Judge
The state of the art with respect of hay elevators was such that, even if thé complainant’s patent can be sustained, it must be limited to the exact form shown. In the hay elevator of C. A. Miller patent, July 19,1870, use is made of two parallel wooden tracks, having vertical flanges and horizontal flanges arranged in parallel lines, and secured to each other by spacing blocks at the end of the beams forming the track, and suspended by hooks to the joists of the barn. The traveling carriage is on trolley wheels, which run upon the horizontal flanges of the tracks, and the hay is suspended by…
2Cases cited2 opinions
- Burns v. MeyerSupreme Court of the United States · 1880
- American Nicholson Pavement Co. v. ElizabethUnited States Circuit Court · 1870
3Cited by10 opinions
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Freeman v. AltvaterCourt of Appeals for the Eighth Circuit · 1933
- Beckwith v. Malleable Iron Range Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1910
- Benthall Mach. Co. v. National Mach. Corp.District Court, E.D. Virginia · 1915
- Mastoras v. HildrethCourt of Appeals for the Ninth Circuit · 1920
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