Parker v. Ferguson
U.S. Circuit Court for the District of Northern New York
This was an action [by Zebulon Parker against Jonathan Ferguson] for the infringement of letters patent granted to Zebulon Parker and Austin Parker, October 19th, 1829, for “an improvement in the application of hydraulic power,” and extended by the patent office for seven years from October 19th, 1843.
1Opinion of the Court
On the trial béfore
NELSON, Circuit Justice,
the defendant set up the defence of a want of novelty in the invention, and to support it introduced a witness, Hosea W. Holmes, who swore that in 1819, in Stonington, Connecticut, he assisted in constructing a water wheel embracing the principle of the patentee’s invention; that it was constructed for a man who lived twelve miles distant from Stoning-ton, and was carried away by him to be put into a mill; and that the witness never saw it afterwards. _
In charging the jury, NELSON, Circuit Justice, remarked, that if the wheel spoken of by the…
2Cited by4 opinions
- Picard v. United Aircraft CorporationCourt of Appeals for the Second Circuit · 1942
- Mason v. HepburnCourt of Appeals for the D.C. Circuit · 1898
- Stitt v. Eastern R. Co.U.S. Circuit Court for the District of Massachusetts · 1884
- Picard v. United Aircraft CorporationCourt of Appeals for the Second Circuit · 1942