National Republican., 1886-07-03
NO PRIOR PATENT AFFECTED.
No infringement Whatever Between
the shollabarEer and Burton stock
Car Patents Opinion of Mum S Co.,


the shollabarGer and Burton stock
Car Patents - Opinion of Mum s. Co.,
&c.
OFFICE SHELLABARGER LIVE STOCK CAR Co.,
No. 3l7 NINTH STREET NORTHWEST, WASHING
TON. d. c., July 2, 1SsG-To THE PUBLIC; The
following communication was received by the
Shellabarger Co, at o'clock p. M. June Goth
ultimo, and was published by some other than
ourselves in the city evening papers Of that
date, which goes to press about o'clock p M;
THE snELLABARGER Stock Can CLAIMED TO
BE An INFRINGEMENT OF THE BuRroS CAh-
The following letter has been sent TO the Shell
labarger Car Co.:
OFFICE OF THE BURTON STOCK CAR Co., 10i
WASHINGTON ST., BosToN, MASS, June %, 1885,
The ShCildbdr0er Cur Co., LtnlCd, Washington,
ID. c.. GENTLEMEN: our attention having been
called to the construction OF your car, we
notify you that the same Is direct Infringe.
ment OF our several patents, which fnct you
can ascertain by calling upon our washington
counsel Mr. Charles l.. Barber, aud we shall
feel obliged to take such action against your
company as will protect our interests II you
persist in constructing cars which infringe our
patents.
Awaiting your reply, we remain very truly,
yours, GEORGE ID. BURTON,
Treasurer Burton Stock Car CO., Boston. Mass.
The following letter was forwarded in the
next mail to Charles L. Barber, esq.,, attorney
for said company
WASHINGTON, June 90, 1sS6.-CHAs. T.. BAR.
BER Attorney for the Burton Stock Car Com
pany, Washington, ID. C.-DCdr Sir: Our COM
pany received a communication from Geo. d.
Burton, treasurer stating that you would In.
patents If you will be kind enough to specify
in the several particulars we will give 1t our
attention Yours, respectfully. .,,,
CHAs. G. DUNCASS0S,
President OF the Shellabarger Car Co.
No answer to this communication has yet
been received,
That there Is no infringement is amply de.
monstrated by the following oplnons
0FPICH SCIENTIFIC AMERICAN, PATENT OFFICE
DEPARTMENT, WASHINGTON, ID. c., July /,
iSSG,-THR SnELLABARGER STOCK CAR Con-.
PASY-GtnNmen After careful investiga'
tion ofthe question we arc clearly n The opinion
that the said Burton patent is not igtfingcd by
the manufacture, use, or sale OF the Shclla-
barger car as patented In any OF its features.
Respectfully submitted, MUM " Co.
In addition 10 the foregoing, the Shellabarger
Company present the opinion of George Pay
son, esq. general counsel of the Western Rail
road Association. furnished to Henry b. Stone,
esq, general superintendent of the, Chicago,
Burlington and Quincy Railroad: II have been
| unable myself to find any prior patent which,
| in my opinion, can be said TO be infringed by
shellabargers. think, therefore, you may
| safely use the same, II you desire, under
| license from the owners of that patent"
The Shclnbarger Company has no quarrel
| with the railroad companies; but, on the con-
| trary, finds them willing TO use aud give the
| Shcllabnrger cars thorough test; aud It Is eX-
| pected that they will be universally adopted.
| In this expectation the Burton Company ap-
pears to heartily join, therefore their antagon-
ism to our company. The Shellabarger com
| pany is having cars constructed for use on the
| leading cattle-shippng railroads. They will DO
running inside OF six weeks.
The Shellabarger Company still offers tho
balance of 800 shares remaining unsold Mt Sl0
per share, until the 15lh instant. Very respect
fully, THE sHELLABARGER LIVE srock
Oar COMPANY MIMlTEDL