Railroad Co. v. Dubois
Supreme Court of the United States
, Error to the Circuit Court for the District of Maryland. Dubois brought suit against the Philadelphia, Wilmington and Baltimore Railroad Company, for damages for an infringement of a patent granted to him September 23d, 1862, for “ a new and useful improvement in the mode of building piers for bridges and other structures and setting the same.”
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, Error to the Circuit Court for the District of Maryland. Dubois brought suit against the Philadelphia, Wilmington and Baltimore Railroad Company, for damages for an infringement of a patent granted to him September 23d, 1862, for “ a new and useful improvement in the mode of building piers for bridges and other structures and setting the same.” The alleged improvement was asserted to have been used by the company in building their railroad bridge across-the Susquehanna at Havre de Grace. In bis specification, Dubois, the patentee, after reference to diagrams accompanying his schedule, thus…
1Opinion of the CourtJustice Strong
The court below, refusing to give the first instruction asked for by the defendants, construed the first claim in the plaintiff’s patent to be, not for a process, but for a device, or instrument to be employed in a process, the instrument being a floating coffer-dam constructed as described in the specification, in which the masonry of the pier might be laid and sunk to the foundation by its own gravity. In this it is now insisted the court erred. . We are.of opinion, however, that the construction given to this claim was correct, and that the defendants were not entitled to an affirmative…
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