Brooks v. Norcross
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity, filed [by Artemus L. Brooks, James G. Wilson, and others] to restrain the infringement [by Nicholas G. Norcross and others] of letters patent granted to William Woodworth, for an “improvement in the method of planing, etc.,” more particularly referred to in the report of the case of Foss v. Herbert [Case No. 4,957].
1Opinion of the Court
WOODBURY, Circuit Justice.
It is requested, as a preliminary favor or right, that the question of infringement in this case be tried by a jury. I am not aware of any trial of that kind which is allowed in any way in chancery, as a matter of right to a party, unless it be in ease of a bill in chancery to abate a nuisance, which is of a public character, and which some individual claims to injure himself specially. There, if the nuisance be denied, courts will usually decline to sustain a private complaint to abate it; if the question of nuisance be not first settled at law and by a jury. Irwin…
2Cases cited1 opinion
- Barrett v. HallU.S. Circuit Court for the District of Massachusetts · 1818
3Cited by2 opinions
- In Re Bradley C. CarlsonCourt of Appeals for the Federal Circuit · 1993
- Ireson v. PierceU.S. Circuit Court for the District of Massachusetts · 1889