Horton v. New York Cent. & H. R. R.
U.S. Circuit Court for the District of Northern New York
This was a suit in equity by Cornelius M. Horton against the New York Central & Hudson River Railroad Company, impleaded with the West Shore Railroad Company, for infringement of a patent.
1Opinion of the Court
WALLACE, Circuit Judge.
This cause presents the question whether the owner of a patent, who, in a former suit in this court against the defendant, obtained a decree for a perpetual injunction against infringement, and awarding him damages and profits for the infringements occurring prior to January 11, 1892, can maintain a second suit against the same defendant to recover damages and profits arising, from other acts of infringement, committed during the same period, but of which no evidence was given in the former suit, and no recovery asked. I am aware of no principle which authorizes a…
2Cited by4 opinions
- Panoualias v. National Equipment Co.Court of Appeals for the Second Circuit · 1920
- General Ry. Signal Co. v. Union Simplex Train Control Co.District Court, D. Delaware · 1938
- Panoulias v. National Equipment Co.District Court, S.D. New York · 1912
- Cheatham Electric Switching Device Co. v. Transit Development Co.District Court, E.D. New York · 1913