Black Diamond Coal Mining Co. v. Excelsior Coal Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF TIIE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. This was an action at law by the Excelsior Coal Company to recover damages for the infringement of reissued letters patent No. 7341, granted October 10, 1876, to Martin R. Roberts for an “ improvement in coal screens and chutes.”
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ERROR TO THE CIRCUIT COURT OF TIIE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. This was an action at law by the Excelsior Coal Company to recover damages for the infringement of reissued letters patent No. 7341, granted October 10, 1876, to Martin R. Roberts for an “ improvement in coal screens and chutes.” It seems, by the statement of the patentee, that, previous to this invention, in unloading vessels of coal, the coal had, for the most part, been hoisted from the hold, over the bulwarks, and dumped upon the wharf or upon the coal previously dumped, or, if chutes were used, such…
1Opinion of the CourtJustice Brown
There are thirty-nine assignments of error in this case, but in the view we have taken, it will only be necessary to consider the twenty-first, which is : “ That the court erred, [in refusing] upon the close of all the testimony in the case, and upon the request of the defendant’s counsel, to instruct the jury to render a verdict in favor of the defendant.”
The patent in question is for a portable coal screening device which may be moved to any place on the wharf where a vessel happens to be discharging her cargo. The portability of the device, however, is not mentioned in any of the claims…
2Cases cited5 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Phillips v. DetroitSupreme Court of the United States · 1884
- Hendy v. Golden State & Miners' Iron WorksSupreme Court of the United States · 1888
- King v. GallunSupreme Court of the United States · 1883
- Terhune v. PhillipsSupreme Court of the United States · 1879
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- United States v. Esnault-PelterieSupreme Court of the United States · 1936
- International Carbonic Engineering Co. v. Natural Carbonic Products, Inc.District Court, S.D. California · 1944
- McRoskey v. Braun Mattress Co.Court of Appeals for the Ninth Circuit · 1939
- Hurin v. Electric Vacuum Cleaner Co.Court of Appeals for the Sixth Circuit · 1924
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