Cheatham Electric Switching Device Co. v. Brooklyn Rapid Transit Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit in equity by the_ Cheatham Electric Switching Device Company against the Brooklyn Rapid Transit Company and others. Decree for defendants, and complainant appeals. Appeal from final decree dismissing bill in equity on patents 612,-702 (claim 3) and 917,541 (claims 1 and 2), entered in the District .Court for the Eastern District of New York.
1Opinion of the Court
HOUGH, Circuit Judge.
These patents were the subject of decisions in this court in Transit, etc., Co. v. Cheatham Electric, etc., Co., 194 Fed. 963, 114 C. C. A. 599, and Cheatham Electric, etc., Co. v. Transit, etc., Co., 209 Fed. 229, 126 C. C. A. 297. In the case first cited the claims there and here in suit are set forth. The earlier patent expired shortly after this action began.
The patented device is for a track switch, electrically actuated and used with and for “trolley cars.” Plaintiff first sued at law, and recovered damages for the use of a specified number of infringing switches of…
2Cases cited10 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Boyden Power-Brake Co. v. Westinghouse Westinghouse v. Boyden Power-Brake Co.Supreme Court of the United States · 1898
- Burr v. DuryeeSupreme Court of the United States · 1864
- Wagner Typewriter Co. v. Wyckoff, Seamans & BenedictCourt of Appeals for the Second Circuit · 1907
- Ecaubert v. AppletonCourt of Appeals for the Second Circuit · 1895
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3Cited by4 opinions
- Cheatham Electric Switching Device Co. v. Transit Development Co.Court of Appeals for the Second Circuit · 1919
- W. F. & John Barnes Co. v. International Harvester Co.District Court, N.D. Illinois · 1943
- Robeson Process Co. v. RobesonDistrict Court, D. New Jersey · 1923
- Health Products Corp. v. Ex-Lax Mfg. Co.District Court, E.D. New York · 1926