Morton v. New York Eye Infirmary
U.S. Circuit Court for the District of Southern New York
This was a motion for a new trial. An action on the ease to recover damages for an infringement of letters patent [No. 4,848] for an “improvement in surgical operations,” granted to plaintiff as assignee of Charles T. •Tackson and William T. G. Morton, November 12, 1846, tried before Judge Shipman and a jury, had resulted, under the instructions of the court, in a verdict for the defendants.
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This was a motion for a new trial. An action on the ease to recover damages for an infringement of letters patent [No. 4,848] for an “improvement in surgical operations,” granted to plaintiff as assignee of Charles T. •Tackson and William T. G. Morton, November 12, 1846, tried before Judge Shipman and a jury, had resulted, under the instructions of the court, in a verdict for the defendants. The patent was for the well-known and valuable discovery of the effect of sulphuric ether in producing nervous quiet and insensibility to pain, especially during surgical operations. The questions arising…
1Opinion of the Court
SHIPMAN, District Judge.
This is an action at law, brought to recover damages for the infringement of a well-known patent. The case came on to be heard at a prior term of this court, before a jury, and after some testimony had been taken tending to show an infringement by the defendants, the court, having doubts as to the validity of the patent, arrested the hearing of the evidence, and directed the counsel Jo' argue the question of law arising on the face of the specification. This question — as will be obvious, at once, to any one familiar with the law of patents who reads the specification…
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