, 1873-07-26
The Great Railroad swage 1look Case
Before the United States
Circuit Court.
The Masters Report Sustained rs
to Six Ont Of the Seven Ill
tringing Machines.
Tho ''"Datn' Machine Declared to l'c n
Different Creation, md Must 30
. Left Out from the Estlmate.
The Unhappy TurslIl viii Have to Sustain Lilo on
.0ne.soyenth Less than $f,60o,o00,
=. Or Thereabouts.

-
1..3,. ,,,,a ,,o,tor;1.v road TIM op,nion
~ tbs United stntos Circuit Court, coucrrrod in
s,a J;,doo Davis. in tho celebrated "Bwago
bioots easo." II will bo remembered that in this
caao lin ovner of tle aTurrnl patont," for
maclino rns I to- ronar IRON rails without removing
rn,,Tf f IN 1s suits araiust varioua railrond COM
panica Of reforonco to Bishop, Master in Chm"
ne.y. for tho purposo OF reporting as to tho mn
phInos belonging to those companies Which,
nndor decision Of tho Court, could ho hela TO
mort Of tho Maater; as published In TILE TRIBUNE
tho morning @eef it VAS nleo u coat'' eet1o".oo
2hat tho companies wero indebted to tho COM
planant under the oroof TO 1no ea'on1 .,
81, G0o UoV. IHe Maator'6 report was eAcei''ou
10, and 1t was thoao. exceptions TINT tho Court
Sohteraay decalcd. as 1oHoNs: -.-.., =
Tho. exceptions made to tho Masterss report IN
sRe feT Sas
boptions rolcr to tho fact Tint tho Masor asauned
Court and that 10 deeaod to 60 into tho gsiezal
state m tho hct ID ordor to dcermine whether the do
tenasqts msshna infngea he patent Sa@ ase " r.
patent These exceptions must al bo ovcTru,ed.
Tho Patent bud 1oen construed " the supreme emo
Bupreu,o court had declared the principles which
aero 70 goyorn in comparing tho machine Of tho plain
Court iu tho case OF Turril y tho Illinois Ccnra Rail
toaa, Fisher, $50, had decided tho plaintiffs patent
70 nS s nat csrntn .ssa uso 70 ,s ~ the d.
Ia which tho Maater has mnac h!s report, and which
nre tho aubJcct Of the exceptions, thta Court in July
roiief ho asked against Tho defendants; that
b. that the patent valid aud that the defendants
hsd ifsinged. It appeared that various expodi-
sn,a Ind been resortvl 10 by eome OF tho delonIana
m order TO evalc tho patent. The Court hed that tho
anv essential part Of tho tnachne to support
Hon, but tint ths clipping ont removal of portion
pf Tie anvil Immediately boueath tue raj to ror
Iho Identity Of tho machine At tho same timo il was
bonccIed Ii tho nny was 10 far cut OF or moved ns
10 cease to support the rail in receiving tho nows Of
WIS sone. Il waa bocauao of tic taicuity Il ascer-
ssnng The extent to which tho alterations had l,ocn
because of tic i,n,erec condition oi tie eyeso Us
g Of the machtnes, that the Court directed Tho
aas e Sa
Al s so hs q Do % as T. dse
particular machines used by IT, deicnlaass. And wo
saY that without intending to deny tho r}1ht OF thp
Msscr In care te ovienea before him 1rcsc1,sej tho
patent any aspect previously considered BY
The egath aud ninth c1cepiiona arc, tat tic Matter
tefnAct e receiye OF consider oytdense .eadng 10
sh 1 Of tho M asns 1ot II In
xentio,r of ho Cowood achine mud that be compared
only the defendants' machines With 0awoods, in order
Tho principles upon whah the vsliity Q, tho patent
g = e na
only to apply them to tho Cawood md tho other mu-
nnes sa M tho natter soncaed t
efforts made by tho defendants to eyade tho pateut
They supposed was, ought 70 BE- construed BY