Paul Boynton Co. v. Morris Chute Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United. States for the District • of New Jersey. This was a suit in equity by the Paul Boynton Company against the Morris Chute Company and others for alleged infringement, of a patent for improvements in inclined pleasure railways. The circuit court dismissed tlie bill, holding that the patent is void for want of novelty and invention (82 Fed. 440), and the complainant has appealed.
1Opinion of the Court
DALLAS, Circuit Judge.
The patent for consideration in this case was issued to John P. Newburg on September 17, 1889, and is numbered 411,255. Although five of its six claims are alleged to have been infringed, but three of them have been urgéd upon the attention of this court, and these are as follows:(1) “In an inclined pleasure railway, in combination with an inclined way and track which is located or erected near a body of water, a boat-shaped car or toboggan, adapted, when it reaches the foot of the incline, to enter and float forwardly on the water, substantially as described.”(4) “In…
2Cases cited8 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Atlantic Works v. BradySupreme Court of the United States · 1883
- White v. DunbarSupreme Court of the United States · 1886
- King v. GallunSupreme Court of the United States · 1883
- Lake Shore & Michigan Southern Railway Co. v. National Car-Brake Shoe Co.Supreme Court of the United States · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- O. H. Jewell Filter Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1905
- National Tube Co. v. MarkCourt of Appeals for the Sixth Circuit · 1914
- American Bell Tel. Co. v. National Tel. Mfg. Co.U.S. Circuit Court for the District of Massachusetts · 1901