Murray v. Orr & Lockett Hardware Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The bill in the court below was to restrain infringement of letters patent No. 442,531, issued December 9th, 1890, to Murray, for store service ladders. There is no substantial question that defendant’s device infringes this patent, for it is practically the same as appellants. The bill was dismissed on the ground that the patent itself was invalid.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The bill in the court below was to restrain infringement of letters patent No. 442,531, issued December 9th, 1890, to Murray, for store service ladders. There is no substantial question that defendant’s device infringes this patent, for it is practically the same as appellants. The bill was dismissed on the ground that the patent itself was invalid. The Murray patent, with its drawings, is as follows: “This invention,” says the inventor, “relates to ladders for use in stores,…
1Opinion of the Court
GROSSCUP, Circuit Judge.
The Smith patent is a short store ladder, fastened at about its center to the top of the base shelf, by means of a track and two rollers — the track being a part of the ladder — but adjusted as to height by means of a slot and screw arrangement. The base of the ladder is a roller or wheel, resting in the groove of a metal piece on the floor. In operation, the ladder runs backwards and forwards on two fixed tracks, from neithér of which is the weight of the man at any time wholly withdrawn. Nor has the weight of the man anything to do, except incidentally, with the…
2Cited by2 opinions
- Murray v. Orr & Lockett Hardware Co.Court of Appeals for the Seventh Circuit · 1907
- Vaughn v. GilmoreDistrict Court, N.D. Illinois · 1913