The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-13
United States Circuit Court.


brought by plaintiff to damages for the infringe
ment of patent right The defendant in the year 1882
obtained patent for mode of coating lead pipes
with tin, in more efectual manner than had been
heretofore known and by which the danger attending
other liquids wa. obviaed The plaintiff that he
the first that invented the process Tor trimming Iced
pipes Peter Nayior, witness examined for plaintiff
stated that he used plaintiffs invention. and that it
svered the purpose for which it intended perfectly
This witness also proved that defendant made of the
process for thinning lead ppes and claimed his
Several other witnesses were examined, on the
part Of the plaintiff who testified to the effect.
bv which he tins nne not he as that nsed b the
PLAINTIFF and secondly that plainthad passed away his
invention, if ever was long before he had taken
twelve witnesses examined for defendant
His Honor charged the jury that this was an action
fringemsnt of patent right. He said it was case Of
great Importance His Honor said that in this there
were three important questions for to decide
The first question for them to try the plaintiff the
inventor land the next, was his invention violated p
and, lastly was it useful invention His Honor faid
that in his Judgment there was no doubt that the
plaintiffs patent was violated and upon that point
he thought the jury could have no difficulty,
nation, that 50 long ego as 1895 as testified to
by Mr. Darling he had given this invention 10 the pub
then went on to review the evidence and particularly
that portion Of which bore upon the fact that plaintiff
had parted with his invention before he had taken his
patent His honor then told the jury that they not
to crutnise too closely the value invention It
enough for them they found it in useful
IL
plaintiffs original invention he, the defendant emit
tied the benefit OF the Improvement but defendant
would not be permitted to make mere change in the
form Of invention. and claim his His honor
also told the jury that they not to pay much atten
ton the evidence of witnesses in describing the differ.
ence between mechanical inventions Such witnesses
were seldom able to form dsnct and clear opinion of
the differ between the external form Of machine
and the principles upon which it was constructed
and formed its operations. His honor then descrb-
ed PLAINTIFF invention and the process by which
it was used. By this mode, he said, the pipe was
ne aspd uOh
bath of melted tin and aterwa let it down. by which
the thinning adhered to the surface The mode Of obtain
ing the same result by the defendants invention
force the lead in liquid state by aid of hydrostatc
pressure through tube, in the of end Of which cyl
passes between and the inner surface Of the tube The
cylinder contains melted tin, which continually oozes
S s R
again told the jury that in his Judgment
the difference in the external forms and operations of the
two processes he thought the defendants
the same as the plaintiffs but it was for them, with the
aid Of the testimony, and by critical examination of
both machines, or the drawings that laid before
them to form true judgment upon that point His Honor
then proceeded to lay down the rule for damages He
said that upon the question of damages there was conse
rable embarrassment the plaintiff did give any clear
satisfactory evidence of the extent of his loss This
however, wss not the most important part of the case tho
main question TO be decided was, whether the plaintiffs
patent was violated or not.
The jury retired and shortly after found verdict for
plaintiff, with nix cents damages.
Counsel for plaintiff J. b. Staples ESQ for defendant
Messrs. Miller Emerson.
SAVE YOUR McNEY-RAnRoAD PASSENGERS TAKE
THE EMIGRANr Cause.-The several Railroad COM
Panies between Albany and Buffalo, in addition to
their regular morning and evening trains (by which
,hey charge tour cents per me) have put on an ex-
a view 10 monopolize the canal travel This train
leaves at 1o'clock, P M, and the fare by the emil
grant, or second class cars, is II cents per me and
all ordinary or extra baggage free.
Having, kw,th three Of my friends, taken passage
in the emigrant cars, saving to each Of us q cents
per mile equal 10 30 cents per hour) / can but re-
commend them to all railroad travellers. True the
cars are not quite as luxurious the FIRST class but
who is there in this democratic age and present de-
pressed state of business, that will not submit to
few hours inconvenience, to save 81 30 in travel
ling from Albany TO Buffalo. lwould warn all wav-
pared for any attempts that may be made TO force
them into the first Glass; or cents per mile cars
Taking passage on my way to this city at a way de-
pot, was tire atened by the conductor Of the train
to be elected from the cars unless removed into
the first class, but upon mature reflection he proba-
oily came to the conclusion it might be attended
with serious consequences to eject passenger from
the cars upon any such preence, and finally accept
ed our IL cts per mile allowing us to travel through
very comfortably, saving SO 20 to each of us in the
short space of eight hours. The most respectable
their wives and families, will be found travelling in
this class OF cars. WESTERN MERCHANT.
90 There are few pieces of public amusement in the
city where you will be better entertained, or afforded
more qualification, than at Peae's New York Museum
The immense and interesting collection of curisstes
with which the place abounds all arranged with the ut.
most order and neatly labelled. The splendid picture
gallery contains nearly five hundred portraits consisting
Of ell the celebrated characters during the revolution
There will be performance this afternoon at O'Clock
when the following persons appear Miss Darling, the
accomplished enchanress Mr.. Delarue the xnrvallsd
mmic Mr. Bendall the celebrated comic singer and Ia
zok:S &c., A..
for one shilling