California Artificial Stone Paving Co. v. Freeborn
United States Circuit Court
In this case, after a line of blocks had been formed and become solidified, a new block, from 12 to 20 feet by 2 or 2£ feet wide, was formed between scantlings and the block or blocks before formed, without interposing anything whatever between the new and the old blocks.
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In this case, after a line of blocks had been formed and become solidified, a new block, from 12 to 20 feet by 2 or 2£ feet wide, was formed between scantlings and the block or blocks before formed, without interposing anything whatever between the new and the old blocks. The material in its plastic state having been tamped down and then a layer of finer material put on top, the whole was finished and the blocks divided up into smaller ones during the process of formation, by use of a trowel, etc., in all respects, except as to the line between the old and new blocks, as is described in the…
1Opinion of the CourtSawyer, J.
I have gone over this subject again as to the crosscutting into blocks with a trowel during the process of formation. I adhere to the position that I took in the Cases of Perine and Molitor, 7 Sawy. 190.3 There is in this case a mark on the surface along the line of division between the newly-formed block and the one before formed. The forming of the block against the pavement is according to the specifications in the reissue subsequently disclaimed; but it is claimed that running the marker along the line between the old and new blocks on the surface, after forming the latter, is an…
2Cases cited1 opinion
- California Artificial Stone Paving Co. v. PerineUnited States Circuit Court · 1881
3Cited by2 opinions
- Schillinger v. GuntherU.S. Circuit Court for the District of Southern New York · 1877
- Schillinger v. MiddletonUnited States Circuit Court · 1887