Many v. Jagger
U.S. Circuit Court for the District of Northern New York
This was an action on the case, to recover damages for the infringement of letters patent [No. 640], issued to Samuel Truscott, George Wolf, and James Dougherty, of Columbia, Pennsylvania, on the 17th of March, 1S38, for “a new and useful improvement in the mode of making cast iron wheels to be used on rail-roads and applicable to other purposes.”
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This was an action on the case, to recover damages for the infringement of letters patent [No. 640], issued to Samuel Truscott, George Wolf, and James Dougherty, of Columbia, Pennsylvania, on the 17th of March, 1S38, for “a new and useful improvement in the mode of making cast iron wheels to be used on rail-roads and applicable to other purposes.” The plaintiff was assignee of the entire interest in the patent, (which was commonly called the Wolf patent,) for the whole United States. The defendants were iron founders and workers in iron at Albany, New-York, and the infringement alleged was…
1Opinion of the CourtNelson, Circuit Justice
(charging jury). The first branch of the case which it is necessary to examine and settle, is the improvement which the plaintiff claims that his pat-entees have discovered. For this purpose we must call your attention to the specification. That contains a description of the invention by the patentees in their own language, and affords the highest evidence of the thing or instrument which they claim to have discovered. They begin by stating, in very general terms, that they have discovered a new and improved mode of constructing cast iron -wheels for railroad cars. They denominate the wheel…
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