Stimpson v. West Chester Railroad
Supreme Court of the United States
This case was brought up, by writ.of error, from the Circuit Court of the United States for East Pennslyvania. It was a suit brought, in the Circuit Court, by Stimpson against the Railroad Company, for a violation of his patent right. On the 23d of August, 1831, Stimpson took out letters patent for an improvement in the mode of turning short curves on railroads.
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This case was brought up, by writ.of error, from the Circuit Court of the United States for East Pennslyvania. It was a suit brought, in the Circuit Court, by Stimpson against the Railroad Company, for a violation of his patent right. On the 23d of August, 1831, Stimpson took out letters patent for an improvement in the mode of turning short curves on railroads. These letters were not given in evidence upon the trial, having been burned in the conflagration of the patent-office, in December, 1836, and no copy could be found. Secondary evidence" was given of their contents by the following…
1Opinion of the CourtJustice McLEAN
The plaintiff brought an action against the defendant for an infringement of his patent, for a “ new and useful improvement in the mode of turning short curves on railroads.” The questions for decision arise on exceptions to the charge of the court to the jury. /And here it may be proper to remark, that the exceptions are to.
the charge as published, at length, and not to the points ruled by the court, as is the correct practice. Under the peculiar circumstances of this case, the court will not dismiss the writ of error upon this ground, but it is expected that a different course will…
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