Weir v. Morden
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. This was a bill in equity to restrain the alleged infringement of reissued letters-patent No. 8914, dated September 30, 1879, for an improvement in railroad frogs, the original patent, No. 215,548, dated May 20, 1879, having been issued on an application filed February 4, 1819, to Frederick O. Weir, the complainant. .In his specification the patentee described the invention generally as…
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APPEAL FROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. This was a bill in equity to restrain the alleged infringement of reissued letters-patent No. 8914, dated September 30, 1879, for an improvement in railroad frogs, the original patent, No. 215,548, dated May 20, 1879, having been issued on an application filed February 4, 1819, to Frederick O. Weir, the complainant. .In his specification the patentee described the invention generally as follows: “My invention relates to the class of frogs made by the bending of the overlapping ends of the rails…
1Opinion of the CourtJustice Matthews
• The question Of . infringement depends upon the proper construction of the second claim. The proof shows that the, defendants did not infringe either the first or the third. They did not form and connect the two rails, making up the angular point as a part of the frog, so that one of the rails would extend unbroken and uncut directly across the path of the other, and in itself make a solid end to the point with a full-width flange overlapped by the flange of the other rail, thus affording a double thickness and avoiding the cutting away of the flanges, as was customary. If there is an…
2Cited by15 opinions
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- McCormick Harvesting Mach. Co. v. C. Aultman & Co.Court of Appeals for the Sixth Circuit · 1895
- Pangborn Corp. v. W. W. Sly Mfg. Co.Court of Appeals for the Fourth Circuit · 1922
- Muller v. Lodge & Davis Machine Tool Co.Court of Appeals for the Sixth Circuit · 1896
- American Tobacco Co. v. StreatCourt of Appeals for the Fourth Circuit · 1897
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