Legal Opinion

Dowagiac Mfg. Co. v. Minnesota Moline Plow Co.

Court of Appeals for the Eighth Circuit

Decided October 24, 1910No. Nos. 3,041, 3,042PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the District of Minnesota. Suits in equity by the Dowagiac Manufacturing Company against the Minnesota Moline Plow Company and Thomas H. Martin, and by the same complainant against Ernest E. Smith and Euppo Zimmer. Decrees awarding complainant nominal damages only in each case, and it appeals.

1Opinion of the Court

ADAMS, Circuit Judge.

These were suits in equity to enjoin the infringement of United States patent No. 446,230, granted to Will F. Hoyt, February 10, 1891, and for an accounting of damages and profits. The Circuit Court sustained the patent, awarded an injunction against infringement, and referred the causes to a master to take the account. He reported for nominal damages only. The Circuit Court confirmed the report and entered final decrees accordingly. Complainant appeals.

The only question is whether the proof warranted a finding for substantial damages. The invention was for an improvement…

2Cases cited21 opinions

  1. Tilghman v. ProctorSupreme Court of the United States · 1888
  2. Garretson v. ClarkSupreme Court of the United States · 1884
  3. Sessions v. RomadkaSupreme Court of the United States · 1892
  4. Keystone Manufacturing Co. v. AdamsSupreme Court of the United States · 1894
  5. Crosby Steam Gage & Valve Co. v. Consolidated Safety Valve Co.Supreme Court of the United States · 1891

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3Cited by8 opinions

  1. Treasure Imports, Inc. v. Henry Amdur & Sons, Inc.Court of Appeals for the Second Circuit · 1942
  2. Dowagiac Mfg. Co. v. Deere & Webber Co.Court of Appeals for the Eighth Circuit · 1922
  3. Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935
  4. American Seeding Mach. Co. v. Dowagiac Mfg. Co.Court of Appeals for the Sixth Circuit · 1917
  5. Gold Seal Importers, Inc. v. Morris White Fashions, Inc.District Court, S.D. New York · 1945

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