American Nicholson Pavement Co. v. Elizabeth
United States Circuit Court
[In equity. Bill by the American Nicholson Pavement Company against the city of Elizabeth, N. J., George W. Tubbs, and the New Jersey Wood Pavement Company, for an injunction and an account for the alleged infringement of patent No. 11,491. Heard on motion for a provisional injunction. Motion denied.
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[In equity. Bill by the American Nicholson Pavement Company against the city of Elizabeth, N. J., George W. Tubbs, and the New Jersey Wood Pavement Company, for an injunction and an account for the alleged infringement of patent No. 11,491. Heard on motion for a provisional injunction. Motion denied. Subsequently, upon the merits, decree was entered for complainant, (American Nicholson Pavement Co. v. City of Elizabeth, Case No. 311;) and, upon exceptions to the master’s report, a decree was entered for complainant for a specific amount, (Id. 309.) Defendants appealed to the supreme court,…
1Opinion of the Court
STEONG, Circuit Justice.
This is a motion for a preliminary injunction to restrain the defendants from making or constructing a wooden pavement containing the improvements and inventions described in a patent owned by the complainants, and set forth in their bill. The affidavits and exhibits presented in support of the motion show, that on August 8, 1854, a patent was granted to Samuel Nicholson for an improved wooden pavement; that in 1863 tl'.is patent was surrendered, and new letters patent were issued for the same invention; that in 1867 the reissued letters were surrendered, and other…
2Cited by12 opinions
- Freeman v. AltvaterCourt of Appeals for the Eighth Circuit · 1933
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- Ney v. Ney Manuf'g Co.Court of Appeals for the Sixth Circuit · 1895
- Societe Anonyme du Filtre Chamberland Systeme Pasteur v. AllenU.S. Circuit Court for the District of Northern Ohio · 1897
- Palmer Pneumatic Tire Co. v. Newton Rubber WorksU.S. Circuit Court for the District of Western Virginia · 1896
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