Dobson v. Graham
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. Bill to enjoin infringement of patent by John Dobson against Richard Graham. Plaintiff called defendant’s workmen to show infringement, and asked them to state wherein the defendant’s machine differed from complainant’s. This they refused to do under advice of counsel. Plaintiff moves for an inspection of defendant’s machinery, and to compel the witnesses to' answer interrogatories.
1Opinion of the Court
Butler, District Judge.
These motions m'ust be dismissed for- the reasons stated at an earlier period in the case. As then said, the plaintiff filed his bill charging infringement of his rights without having any positive knowledge upon the subject. He seems to have relied upon the chance of obtaining evidence to support the charge from the defendant and his workmen. Such a case is not entitled to the special favor of a court of equity. The defendant’s business is conducted in private, for the purpose of securing to himself (as he asserts) the use of his peculiar machinery and methods of…
2Cited by2 opinions
- Rowell v. William Koehl Co.District Court, W.D. New York · 1912
- Diamond Match Co. v. Oshkosh Match WorksU.S. Circuit Court for the District of Eastern Wisconsin · 1894