Legal Opinion

De Loriea v. Whitney

Court of Appeals for the First Circuit

Decided June 22, 1894No. 88PublishedCited by 13 opinions

In Error to the Circuit Court of the United States for the District of Massachusetts. This was an action by Joseph F. De Loriea and Griffin Place, executors of James W. McDonald, against Arthur E. Whitney, for damages for infringement of leiters patent No. 210,797, issued December 10, 1878, for a machine for unhairing and scouring hides and skins. On trial in the circuit court the judge instructed the jury to find for defendant.

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In Error to the Circuit Court of the United States for the District of Massachusetts. This was an action by Joseph F. De Loriea and Griffin Place, executors of James W. McDonald, against Arthur E. Whitney, for damages for infringement of leiters patent No. 210,797, issued December 10, 1878, for a machine for unhairing and scouring hides and skins. On trial in the circuit court the judge instructed the jury to find for defendant. The ruling in the circuit court was as follows (COLT, Circuit Judge): The evidence being closed in this case, and the requests for rulings having been presented by…

1Opinion of the Court

PUTNAM, Circuit Judge.

When this case was before this court on a prior occasion, the exceptions were not framed to bring before us the issue which is now raised as to the construction of the plaintiffs’ patent, but only the proper manner of submitting to the jury certain other issues, which, it was- not disputed, were proper to be submitted to it in some form. We are now asked to consider the question raised by the following extract from the record:

“After the evidence was all in, and counsel had submitted requests for rulings, the presiding judge directed the jury to return a verdict for the…

2Cases cited7 opinions

  1. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  2. Knapp v. MorssSupreme Court of the United States · 1893
  3. Fay v. CordesmanSupreme Court of the United States · 1883
  4. Reece Button-Hole Ma. Co. v. Globe Button-Hole Ma. Co.Court of Appeals for the First Circuit · 1894
  5. Water-Meter Co. v. DesperSupreme Court of the United States · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Consolidated Electric Manuf'g Co. v. HoltzerCourt of Appeals for the First Circuit · 1895
  2. Hurin v. Electric Vacuum Cleaner Co.Court of Appeals for the Sixth Circuit · 1924
  3. Bates v. KeithU.S. Circuit Court for the District of Massachusetts · 1897
  4. Western Electric Co. v. RobertsonCourt of Appeals for the Second Circuit · 1905
  5. Fitchburg R. v. NicholsCourt of Appeals for the First Circuit · 1898

8 more not listed; retrieve them via the Exa API.

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