Hall Signal Co. v. General Ry. Signal Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Western District of New York. On appeal from an order made by the Circuit Court for the Western District of New York granting a preliminary injunction restraining the infringement of five letters patent, granted to A. J. Wilson for improvements in electric railway signals.
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Appeal from the Circuit Court of the United States for the Western District of New York. On appeal from an order made by the Circuit Court for the Western District of New York granting a preliminary injunction restraining the infringement of five letters patent, granted to A. J. Wilson for improvements in electric railway signals. The bill alleges infringement of 53 claims of these patents, but the discussion on this appeal has been limited by stipulation of counsel to the consideration of 6 claims only. The operation of the injunction was suspended pending appeal.
1Opinion of the Court
COXE, Circuit Judge.
It is a cardinal principle of equity jurisprudence that'a preliminary injunction shall not issue in a doubtful case. Unless the court be convinced with reasonable certainty that the complainant must succeed at final hearing the writ should be denied. Union Switch & Signal Co. v. Philadelphia R. R. Co. (C. C.) 75 Fed. 1004.
A record, containing 868 printed pages* composed of ex- parte affidavits, patents for complicated .electrical machinery and a great mass of other matter, much of it, apparently, having remote relevancy to the present issues, has been presented. To reach a…
2Cases cited1 opinion
- Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1896
3Cited by69 opinions
- Unicon Management Corp. v. Koppers Co.Court of Appeals for the Second Circuit · 1966
- Sierra Club v. HickelCourt of Appeals for the Ninth Circuit · 1970
- H. E. Fletcher Co. v. Rock of Ages CorporationCourt of Appeals for the Second Circuit · 1963
- Huber Baking Co. v. Stroehmann Bros. Co.Court of Appeals for the Second Circuit · 1953
- Rushmore v. Manhattan Screw & Stamping WorksCourt of Appeals for the Second Circuit · 1908
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