Odiorne v. Winkley
U.S. Circuit Court for the District of Massachusetts
Case for infringement of a patent right [No. 4,714] of one Jesse Reed for cutting and heading nails at one operation. The plaintiff claimed as assignee of said Reed. At the trial, the plaintiff produced and proved the patent of said Reed, dated the 22d of February, 1807, and an assignment to himself of the whole of Reed’s patent right.
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Case for infringement of a patent right [No. 4,714] of one Jesse Reed for cutting and heading nails at one operation. The plaintiff claimed as assignee of said Reed. At the trial, the plaintiff produced and proved the patent of said Reed, dated the 22d of February, 1807, and an assignment to himself of the whole of Reed’s patent right. He also proved, that the machine was a highly useful invention, and that the defendant used two machines, which, in the opinion of the plaintiff’s witnesses, cut and headed nails at one operation, substantially upon the same principles, and by the same mode of…
1Opinion of the Court
STORY, Circuit Justice.
I am of opinion, that it is an improper inquiry, and overrule it It can. at best, amount to no more, than going into collateral inquiries, not relevant to the matter in issue, barely to prove a witness to be incorrect. And I hold it a clear rule of law that a witness cannot be asked, as to a mere collateral fact, having no relevancy to the issue, in order to draw from him an answer, which might, by other evidence, be shown incorrect, and thereby to discredit him. Besides, if the inquiry were gone into, it would embarrass the jury, by drawing their attention to the…
2Cited by17 opinions
- Hilton Davis Chemical Co. v. Warner-Jenkinson Company, Inc.Court of Appeals for the Federal Circuit · 1995
- State v. GriswoldSupreme Court of Connecticut · 1896
- Charles Greiner & Co., Inc., D/B/A Philadelphia Cervical Collar Co. v. Mari-Med Mfg., Inc., William R. Burns, Paul W. Burns and Gary R. BurnsCourt of Appeals for the Federal Circuit · 1992
- Messerschmidt v. United StatesUnited States Court of Federal Claims · 1993
- R-BOC Representatives, Inc. v. MinemyerDistrict Court, N.D. Illinois · 2017
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