Westinghouse Air-Brake Co. v. Burton Stock-Car Co.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Maine. This was a bill by the Westinghouse Air-Brake Company against the Burton Stock-Oar Company for alleged infringement of letters patent No. 376,887, issued January 24, 1888, to George Westinghouse, Jr., for an infringement in air brakes, and covering a device known as the “quick-action valve.”
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Appeal from the Circuit Court of the United States for the District of Maine. This was a bill by the Westinghouse Air-Brake Company against the Burton Stock-Oar Company for alleged infringement of letters patent No. 376,887, issued January 24, 1888, to George Westinghouse, Jr., for an infringement in air brakes, and covering a device known as the “quick-action valve.” The cause was heard in the circuit court on a motion for a preliminary injunction, and an order was entered denying such motion. 70 Fed. 619. From this order the complainant has appealed. The facts, as they appeared on the…
1Per curiam
In this case the patent has been sustained by the circuit court of appeals for the 'Second circuit (Westinghouse Air-Brake Co. v. New York Air-Brake Co., 11 C. C. A. 528, 63 Fed. 962), and ordinarily that fact, and proper respect for the decision of a, 'co-ordinate court, would incline this court to support a.n order for a preliminary injunction. But upon examination of the peculiar conditions of this cause, in view of the possible great and indefinite injury to the defendant if, upon final hearing, the court should reach a conclusion different from that of the appellate court in the Second…
2Cases cited1 opinion
- Westinghouse Air-Brake Co. v. New York Air-Brake Co.Court of Appeals for the Second Circuit · 1894
3Cited by3 opinions
- Snow v. DuxstadWyoming Supreme Court · 1915
- American Sulphite Pulp Co. v. Burgess Sulphite Fibre Co.U.S. Circuit Court for the District of New Hampshire · 1900
- Draper Co. v. American Loom Co.Court of Appeals for the First Circuit · 1908