New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-22
ROOTS CABLE ROAD PATENT.
THE SUPREME COURT DECLARES IT IN
VALID.
OTTER BUSINESS DONE IN TIE coURT-sEvERAh
GASES ADVANCED.


CASES ADVANCED.
u.,,,s on my o1-Iy o decision rendered ID
dov bv ustIce Blachfod in The United s'ae' 9"prr'I
conrt IN the case ,of Henry Root asal"So u.' ,
.narn. Railway Company OF New-Yorlt Root by Ills
,e, Zoo Io.t r;rht 10 royalty for IL or TO recover
e,css fr,m RAILWAY companies using H. NV
n,opt Inv SAWS that no patent shall be given wnere
o.. invention has been In public use Tor more 'n"'
tvo years preceding application Tor patent in' 90
,on,c,oent devised by Root for cable track IS '''
OH. now In general use ,,
wh.n tho cable railway was projected III san t'""
c,,co nbout 1873 Root had reason u believe th' No
,,,, t,a called on to superlntend It's construclo'
and oporatlon lilo about devisinS some means
which would keep the cable In place under inc ~
and tear OF heavy cable traffic. Inc scucHie u''''
un RIB or yoke with conncc ions 10 the TWO rhi' Vi
,, inon snch yoke to be imbcddcd In and supporter
nv y sold mass Of concrete foundation ana pro
,.ct,no for H. this Icing for the purpose Of hcdihs
IT. oabc H. rlacc. This form or arraiS'Ihe"' N'''
been substantially adopted In all cable roads ana "a'
,nc ou. M Justice BlatchfOri said, laid uV"h !"
Washington about yca ago
Root was tho engineer and superintendent Oh u'o
san Francisco line and put his device in openon' Du'
qld not apply for a patent until lool-hoc t''" WV
y,arS oftrr the san Francisco line was hist con
s,ructcd When the Third Avenue Company Ill Ne"
yor, made use If his invention Root sued them INC
coupany set up the defence that Roots patent wa
Invalid because Of his delay In applying Ior pIr""
rhe ,lrcn.t Court for the Southern District Oh Ne"
York savo Judgment In favor OF the company anu '-
o,,coI was then taken to The United states supreme
com Foot: In his suit, held that bis invention oid
rot come within tie two years limitation 4 the pa'en'
lyys for the that the use OF tao device !" Az
Francisco was for an experiment.
The C0ur, holds ina, this contention is not sup
rortcd BY the facts, and that the device was Pu' ~
public and not in simple experimental u.s. ho''
M q
were TOO weak to sustain cable car track ana UNA
IA rns no, Certain until he applied for patent 'hu'
!, ,vculd not provo too weak. The Conil says ul''
. doc not ADD ar tha. In the two years no eXpreac'
IN the compauy's officers any doubts about Us o1'''~
aud Il Is Of opinion that sufficient uHe 'iApr'
test tie durability OF the structure ana sun Pc'''
him TO apply for patent within the Two S''u9'
Root II says, dii nothing to keep the p''e' "'"''
his control aid lost his nights. The Court tHe' pre-
.nirrcd the Judgment OF the lower court Diminishing
n tlu agalnst the Third Avenue Railway ''"I'
No. Ao3-Thc southern Pacific Company. pdhiH' III
crror Az Elizabeth j. Denton. Judgment revere 80
vub cost, aid cause rcrandcl WIN dif-'''l' "
rcnder Judgment for he defendant upon tue '''''
TO the petition. 1890. r,,,.,.i
Va. .7-rhc Washington and ;'eorg"i'wn EA'iroa'
con,,anv appellant agt the District OF Co'uH'o"
=, Al dismissed ior want Of jurisdiction.
Tho chief Justice announced the following orders OIL
the court , ..
No. llls-Passavantc 4 Co.. appellants, a5t. the
United States Motion TO advance granted.
No. 11e4--rhe Northern Pacific Railroad Company
appellant AIT. Charlie, =. Walker. County Nu'''o'' e''
Il al. Motion 70 advance granted.
No l.32-Thc United States cV ~ hiA'b''N
Task p.anuN Ia error sgt. John "an"n"A'' io''
mas,er.o,ucr4l Motion T. advance granted
The chief Justic" also announced tn"t o." ,.G con
cu,l0n - buslucs, WedncslA', ne court WOMB "'
iourn until Monday n"NL r. ,
ibe | uife-l states. Motion 10 ndvanc" SUBMITTED.
NJ / "a ne CUnIrd steamship miil"' ~
,oli,n, orf ',pr,u fahre manager 81 o." t"ui1gmr
Irl,lcaisc d. Haylgiilon Nap"ur. Pun D. ,or
,,rl, of cc-tl ?1,rl 10 Tie Irlc1 state, circuit 'Ol'
~ Aproals for t,e second Circuit submitted
~ LBS rhc Clitaso aud Npith"'sttn hhii"Al
foInuauy plaintiff IN error, asi. John 0fNIH'' hti
So i 20. at. II. \. Junoi end r. ,nl.cr ,?n'
Petitions i1r Wits az csrtioHn 70 -" Inlih SAi.'
rrrit Conr- Of Appeals for the hs1th Circuit sub
miiicd ,,,., e., .,. ~,
81 - n t;o-.iv assignee, etc. Argument begun.
Xijourncd until Tomorrow at II o'clock: me
rav CAN viii be Nos. 20. "a, 3D. -. o.. %, o. o.
I, ID.