Legal Opinion

Winans v. New York & Erie Railroad

Supreme Court of the United States

Decided January 10, 1859PublishedCited by 47 opinions

This ease was brought up by writ of error from the Circuit Court of the United States' for the northern district of New York. It was an action brought by Winans against the railroad company for a violation of his patent for a new and useful improvement in the construction of cars or carriages intended to travel upon railroads.

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This ease was brought up by writ of error from the Circuit Court of the United States' for the northern district of New York. It was an action brought by Winans against the railroad company for a violation of his patent for a new and useful improvement in the construction of cars or carriages intended to travel upon railroads. In order that the reader may understand the nature of the improvement, the description of it, as given by Winans himself,, is here inserted, because it is remarkably clear and well drawn up. The following is the schedule referred to in the letters patent: ' “ To all…

1Opinion of the CourtJustice Grier

delivered, the opinion of the court.

The patent which the defendants are charged to have infringed purports to be, “for a new and useful improvement in the construction of cars or carriages intended to travel upon railroads,”

The specification commences with an enumeration of the /difficulties attending short, curves in railroads from friction, and the consequent necessity of placing the wheels, where four only are used, near together. But in high velocities the shocks from obstructions or inequalities on the rails are thus' greatly, increased; so that a compromise is usually made between…

2Cited by47 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  3. Salen v. United States Lines Co.Supreme Court of the United States · 1962
  4. Teva Pharm. United States, Inc. v. Sandoz, Inc.Supreme Court of the United States · 2015
  5. Spring Co. v. EdgarSupreme Court of the United States · 1879

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