Legal Opinion

Thomson-Houston Electric Co. v. Elmira & H. Ry. Co.

Court of Appeals for the Second Circuit

Decided January 8, 1896No. Nos. 109, 121PublishedCited by 39 opinions

; Appeal from the Circuit Court of tbe United States for the Southern District.of New York. This was a suit in equity by the Thomson-Houston Electric Company against the Elmira & Horseheads Railway Company, a corporation operating an electric railway in the city of Elmira, New York, for alleged infringement of the Van Depoele patent, No. 424,695, for Improvements in suspended switches and traveling contacts for electric railways.

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; Appeal from the Circuit Court of tbe United States for the Southern District.of New York. This was a suit in equity by the Thomson-Houston Electric Company against the Elmira & Horseheads Railway Company, a corporation operating an electric railway in the city of Elmira, New York, for alleged infringement of the Van Depoele patent, No. 424,695, for Improvements in suspended switches and traveling contacts for electric railways. In the circuit court the patent was held valid and infringed, except as to certain claims. 69 Fed. 25J. From this decree both parties appeal.

1Opinion of the Court

WALLACE, Circuit Judge.

In this cause there are cross appeals. The suit was for the infringement of letters patent to Charles J. Van Depoele, No. 424,695, dated April 1, 1890, for improvements in suspended switches and traveling contacts for electric railways. The defendant appeals from so much of the decree as sustains claims Nos. 2, 3, 4, 9, 10, 19, 20, 23, 25, 26, 27, 32, and 33, and awards an injunction and an accounting. The complainant appeals from so much, of the decree as dismisses the bill in respect to claims Nos. 15, 16, and 17 of the letters patent. The patent contains 35 claims.…

2Cases cited7 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  3. Cochrane v. DeenerSupreme Court of the United States · 1877
  4. Roberts v. RyerSupreme Court of the United States · 1875
  5. The Suffolk Company v. HaydenSupreme Court of the United States · 1866

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Thomson-Houston Electric Co. v. Ohio Brass Co.Court of Appeals for the Sixth Circuit · 1897
  2. Traitel Marble Co. v. U. T. Hungerford Brass & Copper Co.Court of Appeals for the Second Circuit · 1927
  3. Badische Anilin & Soda Fabrik v. A. Klipstein & Co.U.S. Circuit Court for the District of Southern New York · 1903
  4. Century Electric Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1911
  5. Application of StanleyCourt of Customs and Patent Appeals · 1954

34 more not listed; retrieve them via the Exa API.

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