Union Switch & Signal Co. v. Philadelphia & R. R.
U.S. Circuit Court for the District of Eastern Pennsylvania
This was a bill by the Union Switch & Signal Company and others against the Philadelphia & Reading Railroad Company and others for infringement of five separate patents relating to improvements in electric signaling apparatus for railroads. The bill was heretofore, on demurrer, held bad for multifariousness. 68 Fed. 91B. Complainants now move to vacate the order sustaining the demurrer, and for leave to amend the bill.
1Opinion of the Court
DALLAS, Circuit Judge.
When the demurrer to the bill in this case was originally argued, the impression was made upon my mind that it was conceded by complainants that the respective subjeets-matter of the fire patents sued on were not used in one mechanism, but upon different, though contiguous, parts of the same railroad. Upon this understanding, I held the bill to be multifarious, and upon that ground sustained the demurrer. The complainants now move to vacate that order, and for leave to amend their bill by adding thereto the following:
“And your oralors in this behalf further aver the fact…
2Cited by5 opinions
- Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
- Rose Mfg. Co. v. E. A. Whitehouse Mfg. Co.U.S. Circuit Court for the District of New Jersey · 1911
- Luten v. Dover Const. Co.U.S. Circuit Court for the District of New Jersey · 1911
- Robinson v. Chicago Rys. Co.Court of Appeals for the Seventh Circuit · 1909
- Vibration Specialty Co. v. Balancing Service Co.District Court, W.D. Washington · 1935