Burton v. Burton Stock Car Co.
Massachusetts Supreme Judicial Court
Contract, to recover compensation for the use of patented inventions in the construction of stock or cattle cars. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. The case was argued at the bar in March, 1898, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtField, C. J.
It appears that all the acts done by the defendant in building and rebuilding cars, as charged in the first, second, and sixth counts of the declaration, upon which alone the plaintiff relied, were done between the dates of the several applications for letters patent and the issue of the patents. These counts erroneously averred that these acts were done while the plaintiff was the owner of the letters patent, but no objection is urged on account of the variance.
We have first to consider whether upon the evidence the plaintiff was entitled to go to the jury. It must be treated as settled that…
2Cases cited18 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Solomons v. United StatesSupreme Court of the United States · 1890
- McCLURG v. KINGSLANDSupreme Court of the United States · 1843
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Hapgood v. HewittSupreme Court of the United States · 1886
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3Cited by26 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Eno v. Prime Manufacturing Co.Massachusetts Supreme Judicial Court · 1943
- Anisgard v. BrayMassachusetts Appeals Court · 1981
- B. F. Gladding & Co., Inc. v. Scientific Anglers, Inc.Court of Appeals for the Sixth Circuit · 1957
- Richardson Shoe Machinery Co. v. Essex Machine Co.Massachusetts Supreme Judicial Court · 1911
21 more not listed; retrieve them via the Exa API.