Bennett v. Boston Traveler Co.

COLT, Circuit Judge.

This action was brought by the plaintiff, James Gordon Bennett, against the Boston Traveler Company, to recover the pecuniary penalty for infringement of a copyrighted engraving, cut, or print, imposed by section 4965 of the Revised Statutes, as amended by the act of March 2, 1895, c. 194 (28 Stat. 965). On June 15, 1898, the plaintiff published in the New York Herald a cut entitled: “William, You’re Too Late.'’ On June 21, 1898, the defendant published in the Boston Traveler a similar cut, entitled: “Willie, Keep Off the Grass. You’re Too Late.” The plaintiff took out a…