Norton v. San Jose Fruit-Packing Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the Untied Stales for the Northern District of California. This was a suit in equity by Edwin Norton and-Oliver W. Norton against the San José Fruit-Packing Company for alleged infringement of a patent relating to can-heading machines. The circuit court dismissed the bill, with costs to the defendant, and the complainants have appealed.
1Opinion of the Court
ROSS, Circuit Judge.
This was a suit brought to recover damages for a,n alleged infringement of letters patent, No. 267,014,.of date November 7, 1882, issued lo Edwin Norton, for an improvement in machines for heading cans. It was tried in the court below upon an agreed statement of facts, from which it appears that the defendant lias never made or sold any can-heading machine which infringes the patent sued on; that the defendant has used une, and only one, can-heading machine, and that one was made and sold to the defendant by Milton A. Wheaton, and was constructed under and in accordance…
2Cases cited5 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Johnson Co. v. WhartonSupreme Court of the United States · 1894
- Stout v. LyeSupreme Court of the United States · 1881
- Wheaton v. NortonCourt of Appeals for the Ninth Circuit · 1895
3Cited by3 opinions
- Carson Inv. Co. v. Anaconda Copper Mining Co.Court of Appeals for the Ninth Circuit · 1928
- Norton v. San Jose Fruit-Packing Co.Court of Appeals for the Ninth Circuit · 1897
- Carson Inv. Co. v. Anaconda Copper Mining Co.Court of Appeals for the Ninth Circuit · 1928