New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-07
COURT RECORD.
MONDAY, APRIL 6, 1874.
United States Circuit Court.

The following decision was rendered b.
Judge Woods:
L, X. Converse and others va. John w
Cannon and others.-This cause is submit
ted for final hearing upon the bill. answer
replication and evidence.
The complainants aliege that they are the
assIgnees of patent issued to one A. join
Bell, dated January %, 1861, for an lin
provement in steamboat staging that they
are also the assignees of two patents issued
to one Hannibal S. Blood, the first dated
June Z, 1870, being new and useful i'm
provement in derrick or hosting crane, and
relating particularly to means FOR
avoiding the labor and delay incident
TO hauling and manipulating heavy
landing stages used on steambo and
water crafts by manual labor" and the
second beng patent dated March 2G, 1872.
for an Improvement in derrcks." That
all OF the inventions named in said three
letters patent relate to the manner and
mode Of manipulating and hauling stages
used on steamboats, and water craft for
landing freight and passengers whereby
manual labor is in great measure dis
pensed with, and great economy in the
navigation of such vessels effected, as well
as large decrease OF expenses in the navi-
CATION and use of such vessels and water
craft.
That the defendants, John w. Cannon
and William Campbell, the first largely in
terested in the steamer Robert E. Lee. as
owner. and the latter being her master. are
using upon said boat two several machines
which are substantially in their mode of
construction the same as the machine de-
scribed in said three letters patent.
The bill prays for a perpetual injunction
against the defendants to restrain them
from infringing upon the patents owned by
the complainants, by the use of said ma
chine now employed by them on the steamer
Robert +. Lee.
The answer of defendants denies any in.
fringement of the patents held by complain
ants, and claims that they use an apparatus
invented by one John Perkins, and patented
to him by letters dated May 7, 1872, which
differs substantially and materially from
the apparatus covered By the patents owned
by complainaDts, and is not an infringe
ment thereon.
The answer further alleges that the re-
suits attained by the cOntrivance patented
to Blood were accomplished by Crane, de-
scribed upon pages 3i9, $50, vol. ], of Ap-
p!eton's Dictionary of Mechanics, published
IN 1867. one of which, it is therein stated,
had been used at the United States
dry dock at Brooklyn, New York, and one
in the construction of the Erie canal by
which heavy weights were moved toward
or from the mast, and holsted or lowered
to the required position by means of ropes
and pulleys.
That the results accomplished by the con-
trivance patented to Blood were accom-
plished during the late war by the Marine
Brigade. By the application OF steam power
heavy stages were raised, launched out and
lowered into position on the bank, and again
raised, launched inward and lowered into
position on the boat 30 that the results con-
templated and claimed to be accomplished
by the cOntrivance OF Blood, of raising, low
ering stages by applying steam power to a
suitable apparatus. were well known, as
well as the cOntrivance by which such re-
suits were accomplished, and were in public
Use long before Biood's patent.
The answer claims that the apparatus
covered by the Blood patents are not useful,
and their use has been abandoned.
An amended answer has been filed, which,
besides describing more particularly the
contrivance used by the marine brigade, al
leges that in December, 1868, one j. Frank
Hicks used derrick or crane provided
with ropes and pulleys, and operated by
steam power, Tor the purposes of freight
holster on board the steamer Magenta, and
for holsting and managing the staging on
said steamer
The schedule attached to the letters patent
OF A. John Bell, states that the object of his
invention is "a more rapid, easy and etfec-
tive means of shipping and unshipping the
stage plank5 from steam water crafts, and
consists in mode of operating said planks
by connection with one of the steam en-
gines employed to work on board the yes
sells
His claim is thus stated: 81 claim as new |
and of my invention, and desire to secure |
by letters patent the Arrangement of the |
staging c, power windlass f, f, G, II. l, |
and supporting apparatus J, X, L, the |
whole being constructed and operating sub
ant 81 ao ov,l = rl,,o
The staging shown in the drawing is the
ordinary one used on steamboats,, upon the |
tier end of which is bail, to which is at
tached a rope which leads to the upper end |
Of a gitf. the foot of which rests on the |
deck, while the upper end is supported by |
a rope attached to an upright mast or spar.
This gait and mast and the rope connecting
them constitute, to all intents and purposes,
A derrick, differing mainly from the der
rick in common use by the fact that the
foot of the gatf or boom rests on the deck
instead of resting against the mast or spar,
10 that we have a staging suspended, at or
)y the bail at one end, to a derrick.
The staging so attached to the derrick is
with power windlass by which
he stage is showed out or drawn in, and
he end of the staging, as it is pushed out.
nay be adjusted to the height of the bank
lpon which its outer end is to rest by the
Tipping of the rope attached to the bail.
IN the edge of the gunwale of the boat is
roller to enable the stage to move with
,reater facility.
The two patents issued to Hannibal S.
Blood, which have been assigned to com
and the patent to William j. !
Perkins. under which the defendants seek
o protect themselves, are simply infringe |
1ents upon the derrick in common use and |
othing more.
The most cursOry reading of Bells patent |
hows that it is not intended to cover der
lex, nor a steamboat stage, nor a power
7indlass, operated by steam or other
ower. The invention claimed by Bell
for the combination OF these three
we'll known contrivances to accomplish the
andilng of the stage with ease and rapidity.
The roller on the gunwale of the boat is
ot an essential part of the combination, |
nj Is not mentioned in the patentee' 8 claim. |
his reference approved.
1t Is No defense to suit for the infringe
lent of this patent to set up that the de-
'ndant has improved upon the derrick, or a,
pom the wlndlass, or upon the stage. If
le combination is used, although some of
8 separate parts may be improved it is an
The answer of the defendants does not
eny that they handle and manipulate a I
eamboat stage by attaching it to derrick {
7 a rope, and raise or lower it by means
II power WlHuldss. 1ney set up merely | |
lat they use an improved derrick. differ '
1T from the derrick shown in the specitica- a
on of A. John Bells patent, and different L
ON the derrick covered by the patents of /
aunibal S. Blood. 4
In passing upon this issue of infringe c
ent, the question to be determined is +
neither under a variation of form or a
7 the use of a thing which bears differ s
It name the defendant accomplished by a
= m lanhy ma |
at accomplished by me patentee, or
neither there is a real change of structure t