Westinghouse Electric & Mfg. Co. v. Wagner Electric Mfg. Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Suit by the Westinghouse Electric & Manufacturing Company against the Wagner Electric Manufacturing Company. From a judgment for plaintiff for an insufficient amount (248 Fed. 508), both parties separately appeal.
1DissentHook, Circuit Judge
I am so deeply convinced that the foregoing opinion is erroneous as regards both rules of law applied and facts assumed to exist, and that it will give much trouble in future patent accountings, besides working a grave injustice to the defendant, that I feel constrained to express my dissent at more than customary length. Ordinarily the expression of differences among judges of an appellate court over the facts of a case should be carefully avoided, and it is with reluctance that I discuss them here. It appears to me, however, that, aside from the punishment of the defendant to an unmerited…
2Cases cited17 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
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