Strom Manuf'g Co. v. Weir Frog Co.
U.S. Circuit Court for the District of Southern Ohio
This was a suit in equity by the Strom Manufacturing Company against the Weir Frog Company for alleged infringement of letters patent No. 352,286, issued November 9, 1886, to Charles Alkins for improvements in rail braces. The cause was heard on demurrer to the bill.
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This was a suit in equity by the Strom Manufacturing Company against the Weir Frog Company for alleged infringement of letters patent No. 352,286, issued November 9, 1886, to Charles Alkins for improvements in rail braces. The cause was heard on demurrer to the bill. In describing his invention, the patentee says: “This invention relates to the manufacture of rail braces which are employed for the purpose of bracing the rails of a railroad, particularly at frogs or switches, or at points where bends or curves occur in the road. These braces are usually constructed with a base portion adapted…
1Opinion of the Court
SAGE, District Judge.
The defendant demurs to the first, second, third, sixth, ninth, and tenth claims of the complainant’s patent, granted to Charles Alkins, November 6, 1886, for an improvement in rail braces.(1) The first ground of demurrer is that the bill does not contain any matter of equity whereon this court could ground any decree and give to tho complainant any relief against the defendant on account of said claims.(2) That the alleged Improvements specified in said claims were not new and patentable at the time of the alleged invention thereof, inasmuch as before that time it was…
2Cases cited4 opinions
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
- Kilbourne v. W. Pingham Co.Court of Appeals for the Sixth Circuit · 1892
- McCoy v. NelsonSupreme Court of the United States · 1887
- Kilbourne v. W. Bingham Co.U.S. Circuit Court for the District of Northern Ohio · 1891
3Cited by3 opinions
- Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
- Rynear Co. v. EvansU.S. Circuit Court for the District of Southern New York · 1897
- Conley v. MarumU.S. Circuit Court for the District of Southern New York · 1897