, 1874-07-17
THE COURTS.
Decision in the Swage.Dlocls
Suit,
Tho Plaintiff Declared Entitled 10
$al0,l62.
The P. 0. & B. Go. in the Courts
Again.
Judgments and New Suits.

&AA8'IEuA0 AllQ t&EJt OAtAos
TIE BwAoE-nLocK PATENT CASE.
Judges Drummoud and Davis delivered joint
opinion yesterday In tho caso OF tho oxceptio's
to tho Masters amended report In the we'll
known Bwage block patent caac. Judge Drum
mond, who was tho spokesman In giving tho
opluion, sald that In tho exceptions takon to tho
aaBtors last report but throo points had been
considered ilrst as to tho amount Of profits tho
defendants mado by the uso OF plaintiffs
machine md tho measure Of tlo rroAtH as stated
by tho srassor, and 1t IL considered that they aro
too largo mud tho standard adopted by tho A1assor
too high.
Secondly, the number OF Tho rails allowed by
tho Muster, which were simply cut and included
among tho 1nondod raiis. The Master allowed
oue-sixth in some cases. larger proportion
snonil have been alloned.
Thirdly, as to tho allowance mado BY tho
Master for the uso Of plaiutllf's machine ooloro
l.o acquitted title to patent. Tho stipulation
put in WIS only that tho plaintiff had tho htlo to
tho uatent aut} not the right to sue for damages
accrued before ho had title, and therefore MI the
allowance 1uade By the Afastor for profits before
this paiutir acquired title to tho patont was or
roncous, This was very important in the caHe Of
tho Michigan Southern &, Luke Shore Hallway,
md on1v afrectcd TINT and the Illinois Central
Railroad Company.
The view which tho Master took Of the crt-
dcnco was such that ho thought he could not
teko into consideration any evidence oxcept what
care snecial dnta on which he could make his
calculations but tho Court took moro liboral
yiow, particularly in view OF tho e1tont OF tho
pntent, which tho Court regarded as worry nsrrnT,
but still tint it waB u u-t fut machine. a dscrso
was accordingly prepared IN one caae, that o1 TUG
Illinois Central Natl:oad Company, 40 follows:
Aud puw, at this day tho Court, being nu:risu:ly a-
visea upon TIE exceptions her.soters tea On ths ra1s
OF tho complainant ia we'll a. OF tue defendants ss-
tsll's a e1p9ah o. the 10 ,an ~ r.
fspsst ~ch oeet 20 !Ae a. y. IT, ~ aIu ~ ~ ~
IT, nc;na and also sustans iii s1
cepsns or tas n.eu ians to tic Master4 report which
port Of cut rna ont af he number Of msndsd ratis.
md alAo ssans all exceptions o. tha Watea
o1t TO a aowsnee Y e sSsef p t e;cn nJ
n nG u1e hetore Us tS, bad s to he putsnt or
tons II tle sefcndaass to tho Al4etsrs report the
Cour. oyerlulcs ,u,ne. And tho couet oyesrules
tho exceptions Of tho compla1h,s to e Mhste1a y "a. "a
rsp Ana he cosf hsng % ns ae m h,
viii. tse asfsnants havo resJscyey ,uaio by ts
,as Of the oonpsins1,.'s nachinc, doh nd tc sains
u 10 TIM sum of :ai ,oso. 80.
II Is tlsrefoes oretsd nd decreed nat the sad de-
~ ~, &. Ane an IA ann NJ III o;,, n "A ~
10 tne a1 ,1 ~ ~ axa sn IL ,,s ~ ~ ths ~
o,rSo n ~ drgst eraof that e1sntion isae
tnsruf1r. Aud il Is further ordered that tic said
illinois Centrn Nailroad Company pay all The costs to
La taxed herein. And Il Ia further ordered the said
Illinois Central nafoad copapy, its serynnss and
agents. Oe pffeNa!y eajoiheu ahu 1sstilnea llo'n
eng or ah'ng any nas@ tos ~ .esag o
1sI thercof fnr wic. lcters nutent ws-e tssued 10
tossnd b. Cawood. And IL is further ordered that
th.s a1,lt * isniased as against john H. Dougas he
psessaoat Of the so.A.}
4 decree WIS entered aganst tho Chieago T.
Alton nailroad ccmpany Tor $50. .a2e 38, against
49, ,1;aI,;,a,, co.har. Z T.oi,, c,,oro po;,rnaa
tno Anie'a's"" aa eonsoln a. - :" ""o '.o'o ta'oA
Company Tor s22a Gol .89 AGAINST the plttsburg,
Fort Nayno q Chlcngo lfallfoad company for
Ss3, 69ss 10, md against tue cnicago. Bnr'ington 81
Quincy Ra1,oad COMPANY " ter saa, ,594.ss,
making grand total OIL $4Ivt l52,51, ~ against
uhDut S7t}3. 001 undo br the MHbtCrH rGDUEt.