Consolidated Car-Heating Co. v. West End St. Ry. Co.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit in equity by the Consolidated Oar-Heating Company against the American Electric Heating Corporation, the-West End Street-Bail way Company, and certain individuals, for alleged infringement of letters patent No. 500,288, issued June 27, 1893, to the complainant, as assignee of James F. McElroy.
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Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit in equity by the Consolidated Oar-Heating Company against the American Electric Heating Corporation, the-West End Street-Bail way Company, and certain individuals, for alleged infringement of letters patent No. 500,288, issued June 27, 1893, to the complainant, as assignee of James F. McElroy. The suit was voluntarily discontinued as to the individual defendants, leaving merely the two corporations, which, by some of the allegations, were charged as joint infringers. The circuit court held…
1Opinion of the Court
ALDRICH, District Judge.
The assignment of error based upon the refusal of the circuit court to dismiss for misjoinder of defendants is not wTéll founded. The proceeding was originally against several defendants, and, among others, the West End Street-Railway Company, the only remaining party against whom the complainant now asks relief. Some of the allegations below involved a charge of conspiracy and joint infringement, but by leave of court and by amendment the hill was dismissed as against all except the West End Street-Railway. Orders relating to the conduct of a trial and to amendments…
2Cases cited1 opinion
- Consolidated Car Heating Co. v. American Electric Heating Corp.U.S. Circuit Court for the District of Massachusetts · 1897
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- Selectasine Patents Co. v. Prest-O-Graph Co.District Court, D. Oregon · 1920
- Parker Rust Proof Co. v. Ford Motor Co.District Court, E.D. Michigan · 1925
- Simonds Rolling-Mach. Co. v. Hathorn Mfg. Co.Court of Appeals for the First Circuit · 1899
- Davey Pegging Mach. Co. v. Isaac Prouty & Co.Court of Appeals for the First Circuit · 1901
- Eddy v. KramerDistrict Court, E.D. Pennsylvania · 1918
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