Legal Opinion

Columbia & N. R. R. v. Chandler

Court of Appeals for the Ninth Circuit

Decided March 19, 1917No. 2883PublishedCited by 5 opinions

Appeal from the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Suit in equity by Elbert G. Chandler and the Northwestern Equipment Company against the Columbia & Nehalem River Railroad Company and A. S. Kerry. Decree for complainants, and defendants appeal. The patent involved in the present suit was issued to Elbert G. Chandler on May 25, 1915, letters patent No. 1,140,875, and was for an improvement in logging trucks.

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Appeal from the District Court of the United States for the District of Oregon; Charles E. Wolverton, Judge. Suit in equity by Elbert G. Chandler and the Northwestern Equipment Company against the Columbia & Nehalem River Railroad Company and A. S. Kerry. Decree for complainants, and defendants appeal. The patent involved in the present suit was issued to Elbert G. Chandler on May 25, 1915, letters patent No. 1,140,875, and was for an improvement in logging trucks. The invention consisted in constructing trucks having at their outer ends drawbars at standard height and at their inner ends…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). [1] Upon a careful consideration of the record, we find no ground to disturb the findings of the court below that the invention was patentable, that the patentee was the original inventor of the improvement described in the patent, and that the trucks manufactured by the Seattle Company infringed the same.

| 2] The damages awarded to the appellees by the court below are based wholly upon the profits which the appellees lost on the sale of each set of trucks furnished the appellants by the Seattle Company. There can be. no claim for damages for making or…

2Cases cited10 opinions

  1. Gayler v. WilderSupreme Court of the United States · 1851
  2. Dowagiac Manufacturing Co. v. Minnesota Moline Plow Co.Supreme Court of the United States · 1915
  3. Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
  4. Wade v. MetcalfSupreme Court of the United States · 1889
  5. Dable Grain Shovel Co. v. FlintSupreme Court of the United States · 1890

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. The Johns Hopkins University, Baxter Healthcare Corporation and Becton Dickinson and Company v. Cellpro, Inc.Court of Appeals for the Federal Circuit · 1998
  2. Charles A. Coakwell v. The United StatesUnited States Court of Claims · 1967
  3. Orange-Crush Co. v. American Ornamental Bottle Corp.Court of Appeals for the Fourth Circuit · 1932
  4. Rees v. LombardCourt of Appeals for the Ninth Circuit · 1927
  5. Must v. WilkinsonDistrict Court, S.D. California · 1955

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