Legal Opinion

Brill v. St. Louis Car Co.

Court of Appeals for the Eighth Circuit

Decided November 28, 1898No. 1,049PublishedCited by 20 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Missouri. This was a suit by John A. Brill, the appellant, against the St. Louis Car Company et al., the appellees, to restrain the infringement of letters patent No. 432,115, which was issued to John A. Brill on July 15, 1890, pursuant to an application filed on April 27, 1889. The invention covered by the patent relates to street-railway car trucks of the kind that are designed to carry electric…

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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. This was a suit by John A. Brill, the appellant, against the St. Louis Car Company et al., the appellees, to restrain the infringement of letters patent No. 432,115, which was issued to John A. Brill on July 15, 1890, pursuant to an application filed on April 27, 1889. The invention covered by the patent relates to street-railway car trucks of the kind that are designed to carry electric motors, grips, or other analogous devices. In his specification the inventor stated that the object of his invention…

1Opinion of the CourtThayer, Circuit Judge

The trial court found, and its finding in that respect is not controverted by the complainant, that the infringing device of which complaint is made in the bill differs from the device described in complainant’s patent, No. 432,115, in that the housings or pedestals of the car axle-boxes in the infringing device do not extend to or below the bottom of said axle-boxes. The trial court further decided that, upon a true construction of the patent in suit, claims 1, 3, 4, and 6, set forth in the statement, must be limited to a combination of parts, one element of which, -to wit, the housings of…

2Cases cited6 opinions

  1. Shepard v. CarriganSupreme Court of the United States · 1886
  2. Mitchell v. TilghmanSupreme Court of the United States · 1874
  3. Sutter v. RobinsonSupreme Court of the United States · 1886
  4. Adams Electric Ry. Co. v. Lindell Ry. Co.Court of Appeals for the Eighth Circuit · 1896
  5. Stirrat v. Excelsior Manuf'g Co.Court of Appeals for the Eighth Circuit · 1894

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3Cited by20 opinions

  1. National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
  2. Johns-Manville Corporation v. National Tank Seal Co.Court of Appeals for the Tenth Circuit · 1931
  3. Johnson Furnace & Engineering Co. v. Western Furnace Co.Court of Appeals for the Eighth Circuit · 1910
  4. Yancey v. EnrightCourt of Appeals for the Fifth Circuit · 1916
  5. Campbell v. American Shipbuilding Co.Court of Appeals for the Sixth Circuit · 1910

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

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