Evans v. Hettich
Supreme Court of the United States
Error to the Circuit Court of Pennsylvania. This was an ration for the infringement of the same patent as in the preceding case of Evans v. Eaton, and was argued by the same counsel. The points involved will be found tó be fully discussed in the argument of that case, to which the learned reader is referred. The following is the charge delivered to the jury in the Court below, which it is thought necessary here to insert.
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Error to the Circuit Court of Pennsylvania. This was an ration for the infringement of the same patent as in the preceding case of Evans v. Eaton, and was argued by the same counsel. The points involved will be found tó be fully discussed in the argument of that case, to which the learned reader is referred. The following is the charge delivered to the jury in the Court below, which it is thought necessary here to insert. After stating the evidence on both sides, Mr. Justice Washington proceeded as follows : The facts intended to be proved by the evidence given in this cause, may be arranged…
1Opinion of the CourtJustice Story
This case is an action for an infringement of the same patent as in Evans v. Eaton, a and many.of the remarks in that case are applicable to this; and therefore the opinion now delivered will refer to such points only, as are not completely disposed of by the opinion already delivered. The evidence in this case does not establish, that the defendant used the plaintiff’s improved Hopperboy; but the Hopperboy used by the defendant, is asserted to be Stouffer’s Hopperboy. At the new trial, a Mr. Aby was. offered as a witness by the defendant, to prove the nature and character of the Hopperboy…
2Cited by4 opinions
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