Consolidated Brake-Shoe Co. v. Detroit Steel & Spring Co.
U.S. Circuit Court for the District of Eastern Michigan
In Equity. Bill for infringement of patent. On motion for an injunction. This was a bill in equity to recover damages for the infringement of letters patent No. 292,861, issued February 5,1884, to George B. Ross for a railway brake-shoe.
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In Equity. Bill for infringement of patent. On motion for an injunction. This was a bill in equity to recover damages for the infringement of letters patent No. 292,861, issued February 5,1884, to George B. Ross for a railway brake-shoe. The object of the invention is stated to be “ to avoid the unequal wearing of the wheels by the track, or, more correctly, to cause them to wear more evenly, and thereby avoid the necessity of sending them so often to the shop to be turned up in the lathe.” This is accomplished by two grooves, one of which is arranged lengthwise of the shoe, and made to…
1Opinion of the CourtBrown, J.
Our attention is called to two alleged defects in the complainant’s bill, which we will dispose of before considering the merits:
1. That it does not appear by the bill or affidavits that the-patentee, Ross, believes himself to be the first inventor. Complainant relies, in this connection, upon the case of Sullivan v. Redfield, 1 Paine, 445, in which it is intimated that the bill should he accompanied by an affidavit that Hie complainant believes himself to be the original inventor of what he claims under his patent. In this case the bill, however, did not allege that the complainant was the…
2Cases cited2 opinions
- Andrews v. HoveySupreme Court of the United States · 1887
- Young v. LippmanU.S. Circuit Court for the District of Southern New York · 1872
3Cited by15 opinions
- Star Brass Works v. General Electric Co.Court of Appeals for the Sixth Circuit · 1901
- Detroit Motor Appliance Co. v. BurkeDistrict Court, D. Minnesota · 1925
- Wilkins Shoe-Button Fastener Co. v. WebbU.S. Circuit Court for the District of Northern Ohio · 1898
- Bayley & Sons, Inc. v. Braunstein Bros.District Court, S.D. New York · 1916
- Maxwell Steel Vault Co. v. National Casket Co.District Court, N.D. New York · 1913
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