Torrent Arms Lumber Co. v. Rodgers
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE WESTERN DISTRICT OF MICHIGAN. This was an action at law brought June 25, 1879, by Alexander Rodgers, the defendant in error, against The Torrent and Arms Lumber Company, the plaintiff in error, to recover damages for the infringement of reissued letters patent for “ a new and improved machine for rolling saw-logs,” dated July 15, 1873, granted to Rodgers as the assignee of Esau Tarrant, the original patentee.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE WESTERN DISTRICT OF MICHIGAN. This was an action at law brought June 25, 1879, by Alexander Rodgers, the defendant in error, against The Torrent and Arms Lumber Company, the plaintiff in error, to recover damages for the infringement of reissued letters patent for “ a new and improved machine for rolling saw-logs,” dated July 15, 1873, granted to Rodgers as the assignee of Esau Tarrant, the original patentee. The lumber company pleaded the general issue, with notice that, among other things, it would give in evidénce, and insist in…
1Opinion of the CourtJustice Woods
He. recited the'facts as above stated, and continued:
The refusal of the court to. direct the jury to return a verdict for the' defendant is, among other things, assigned for error. We think the charge requested should have been given, because, in our opinion, the first claim of the reissued patent, which is the only one that the plaintiff insisted had been infringed, is void.. The testimony showed that it was the practice in saw-mills to “ slab ” the logs after they were placed on the carriage, that is, to saw off slabs on two or four sides of the log. To ac-, complish this it was necessary…
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