Legal Opinion

Boyden Power-Brake Co. v. Westinghouse Air-Brake Co.

Court of Appeals for the Fourth Circuit

Decided November 11, 1895No. Nos. 131, 134PublishedCited by 14 opinions

Appeal from the Circuit Court of the United States for the District of Maryland. This was a bill in equity by George Westinghouse, Jr., and the Westinghouse Air-Brake Company against the Boyden Power-Brake Company, George A. Boyden,1 president, Charles D. Mann, secretary, and William Whitridge, treasurer, for the infringement of a patent relating to quick-action air brakes.

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Appeal from the Circuit Court of the United States for the District of Maryland. This was a bill in equity by George Westinghouse, Jr., and the Westinghouse Air-Brake Company against the Boyden Power-Brake Company, George A. Boyden,1 president, Charles D. Mann, secretary, and William Whitridge, treasurer, for the infringement of a patent relating to quick-action air brakes. In the circuit court a decree was rendered declaring infringement of claim 2, and noninfringe-inent of claims 1 and 4, and awarding an injunction and accounting, with a reference to a master in the usual form. (56 Fed.…

1Opinion of the CourtHughes, District Judge

(after stating the facts). The foregoing statement of facts and explanation of the devices upon which the decision of this case depends is of unusual length, which has been a necessary result of the extraordinary magnitude of the record and the unusual number and volume of the briefs of counsel in the case; but it has been prepared at the expense of very much labor, and is, we trust, sufficiently correct to warrant the conclusions of law which we have founded upon them.

Of the technical “claims” set out by Westinghouse in his application for the patent No. 360,070, those numbered 1, 2, and 4…

2Cases cited1 opinion

  1. O'Reilly v. MorseSupreme Court of the United States · 1854

3Cited by14 opinions

  1. Westinghouse Air-Brake Co. v. Great Northern Ry. Co.Court of Appeals for the Second Circuit · 1898
  2. Knowles v. 138 West Forty-Second Street Corp.Court of Appeals for the Second Circuit · 1930
  3. Bowers v. San Francisco Bridge Co.U.S. Circuit Court for the District of Northern California · 1898
  4. Elevator Supplies Co. v. Graham & Norton Co.Court of Appeals for the Third Circuit · 1930
  5. Benthall Mach. Co. v. National Mach. Corp.District Court, E.D. Virginia · 1915

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