Legal Opinion

Davey Tree Expert Co. v. McCarthy

District Court, E.D. New York

Decided August 11, 1922Published

1Opinion of the Court

CHATFIELD, District Judge.

The plaintiff brings suit against the defendant for infringement of assigned patent No. 958,478, issued May 17, 1910, to one Wellington E. Davey, who had, for a number of years prior to that time, engaged in reinforcing trees; that is, filling the cavities in the trunks and branches of trees with cement, in order to strengthen the tree, prevent further decay, and remove the unsightly appearance. The ideas of cleaning out the cavity, preparing the interior surface, and strengthening the concrete by both lateral and longitudinal rods and wires or bolts, was well known…

2Cases cited3 opinions

  1. Hurlbut v. SchillingerSupreme Court of the United States · 1889
  2. Davey Tree Expert Co. v. Van BilliardCourt of Appeals for the Third Circuit · 1919
  3. Davey Tree Expert Co. v. EastonDistrict Court, S.D. New York · 1920

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