Legal Opinion

MacKnight v. McNiece

U.S. Circuit Court for the District of Southern New York

Decided October 4, 1894Published

This was a suit by John W. Mac K night against James McNiece for infringement of patents for artificial pavements.

1Opinion of the Court

TOWNSEND, District Judge.

This is a bill in equity for the- infringement of claims Nos. 1 and 2 of letters patent No. 373,295, dated November 15, 1887, and of claims 2, 3, and 4 of letters patent No. 387,308, dated August 7, 18.88; both said patents being for improvements in artificial pavements, and the complainant being the patentee. The defenses are noninfringement, want of invention, and anticipation.

Infringement of both patents is proved by the testimony of one Steinman, who testified that, while foreman for the defendant, he, acting under instructions from defendant, laid pavements…

2Cases cited8 opinions

  1. Busell Trimmer Co. v. StevensSupreme Court of the United States · 1890
  2. Planing-Machine Co. v. KeithSupreme Court of the United States · 1880
  3. Consolidated Roller Mill Co. v. WalkerSupreme Court of the United States · 1891
  4. Taylor v. GilmanU.S. Circuit Court for the District of Southern New York · 1885
  5. Westinghouse v. Edison Electric Light Co.Court of Appeals for the Third Circuit · 1894

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