Legal Opinion

Transit Development Co. v. Cheatham Electric Switching Device Co.

Court of Appeals for the Second Circuit

Decided February 2, 1912No. Nos. 164, 165PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Eastern District of New York. Actions at law by the Cheatham Electric Switching Device Company against the Transit Development Company and the Nassau Elec-Lric Railroad Company, respectively. Judgments for plaintiff, and defendants bring error. These two' actions come before this court for review upon writs of error to the Cii cult Court.

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In Error to the Circuit Court of the United States for the Eastern District of New York. Actions at law by the Cheatham Electric Switching Device Company against the Transit Development Company and the Nassau Elec-Lric Railroad Company, respectively. Judgments for plaintiff, and defendants bring error. These two' actions come before this court for review upon writs of error to the Cii cult Court. The actions were tried together as one action in the trial court, and assignments of error have been argued together in this court. A single opinion will therefore dispose of both causes. The actions…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts as above). The amount of the verdict was $551.44 against the Transit Company, being damages for eight infringing devices; that against the Nassau Company was $413.58, being damages for six infringing devices, which six devices were part of the eight included in the Transit action. The plaintiff is not entitled to double damages for the same infringement, but it is not necessary to discuss this part of the case, because any error of that sort in the verdicts was cured by the court’s direction at the foot of the judgment, instructing the clerk not to issue execution…

2Cases cited3 opinions

  1. Bischoff v. WetheredSupreme Court of the United States · 1870
  2. Royer v. Schultz Belting Co.Supreme Court of the United States · 1890
  3. Heide v. PanouliasCourt of Appeals for the Second Circuit · 1911

3Cited by11 opinions

  1. The Gyromat Corporation, Appellant/cross-Appellee v. Champion Spark Plug Company, Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1984
  2. Cheatham Electric Switching Device Co. v. Transit Development Co.Court of Appeals for the Second Circuit · 1919
  3. Mathey v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1944
  4. Standard Brands, Inc. v. Federal Yeast Corp.District Court, D. Maryland · 1930
  5. Tate v. BaughCourt of Appeals for the Sixth Circuit · 1920

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