St. Louis Car Co. v. J. G. Brill Co.

KIRKPATRICK, District Judge.

This is a suit in equity for an accounting. In 1906 the plaintiff’s predecessor and the defendant agreed in writing to take licenses under a patent — O’Leary Re-Issue No. 11,992 — which had been in litigation, and to pay royalties into a common pool for division between them. The defendant refused to pay royalties upon certain cars manufactured by it, beginning in 1911, and the question involved in this suit is whether or not those cars embody the device of the patent, which had to do with means for pushing side panels and sashes of trolley cars up into the roof of…