Winans v. New York & H. R. Co.
U.S. Circuit Court for the District of Southern New York
This was an action on the case tried before NELSON, Circuit Justice, and a jury, to recover damages for the infringement of letters patent for “improvement in the construction of cars or carriages intended to travel upon railroads,” granted to Ross Winans, October 1, 1834, and extended for seven years from October 1, 184S. The material portion of the specification is quoted in the report of the case of Winans v. Eaton [Case No. 17,-861].
1Opinion of the Court
NELSON. Circuit Justice
(charging jury). The first question in this case is, what is the thing, the machine or instrument, which the plaintiff claims to have invented? It is essential to comprehend this, in order to ascertain whether it is new, never before known, or in public use; and is also essential to enable you to determine whether the cars used by the defendants are a violation of the patent. It will be necessary, therefore, in the first instance, to turn your minds to the patent and the description of the improvement claimed, which is there to be found. The description, I think I may…
2Cited by4 opinions
- Norton v. JensenCourt of Appeals for the Ninth Circuit · 1892
- Lamson v. MartinMassachusetts Supreme Judicial Court · 1893
- Harmon v. StruthersU.S. Circuit Court for the District of Western Pennsylvania · 1893
- In re MillsCourt of Appeals for the D.C. Circuit · 1905