Legal Opinion

Simplex Railway Appliance Co. v. Pressed Steel Car Co.

Court of Appeals for the Second Circuit

Decided May 8, 1911No. 254PublishedCited by 13 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by the Simplex Railway Appliance Company against the Pressed Steel Car Company. Decree for complainant, and defendant appeals. Affirmed. The decree of the Circuit Court held valid and infringed claim 6 of letters patent No. 593,410, granted November 9, 1897, to Carl E. Bauer for improvements in bolsters. The opinion of the Circuit Court-is reported in 177 Fed. 426.

1Opinion of the Court

COXE, Circuit Judge.

The patentee, Carl E. Bauer, states in his specification that his object is to improve upon and remedy the defects of the form of bolster shown in patent No. 565,481, issued to W. H. Marshall, August 11, 1896. The defect in the Marshall bolster is alleged to be that, when subjected to an excessive load, it is liable to give way by splitting the web of the compression member just at the side edges of the plate tension member and by a downward bending of the web at that point. These difficulties the patentee remedies, in part, by introducing a strengthening piece at each end…

2Cases cited3 opinions

  1. Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
  2. Dunbar v. MyersSupreme Court of the United States · 1876
  3. Electrical Accumulator Co. v. Julien Electric Co.U.S. Circuit Court for the District of Southern New York · 1889

3Cited by13 opinions

  1. Carson v. American Smelting & Refining Co.Court of Appeals for the Ninth Circuit · 1925
  2. Marconi Wireless Telegraph Co. v. De Forest Radio Telephone & Telegraph Co.Court of Appeals for the Second Circuit · 1917
  3. Permutit Co. v. Harvey Laundry Co.District Court, W.D. New York · 1921
  4. Grasselli Chemical Co. v. National Aniline & Chemical Co.Court of Appeals for the Second Circuit · 1928
  5. Metropolitan Device Corp. v. Cleveland Electric Illuminating Co.Court of Appeals for the Sixth Circuit · 1929

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