The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-11
BUTTE COMPANY LOST.
Judge Knowles Decides In Favor OF
tho Pacific Cable Railway
Company. =,
It IL an Infringement Of the
Hallidie Patent for q
Grip Oar.
Adverse Decision for Jonas In His $4,000
Case Against the Montana Com
pnny, Limited.

When the United Stntes circuit court mot
yesterday Judge Knowles handed down two
opinions. The first is in the case OF the
Pacific cable railway company va. the lutte
City street railway company for infringe
mont OF patent. The latter COM any 10
operating a line upon. which the cars are
propelled by means of an endless cable
moving in m underground slotted tunnel.
The court says the evidence, shows th"s 'ne
defendant Is using a car whicn may oo
called a dummy car. to which 10 atshcho" u
gripping device which seizes the cable. ana
to the dummy 10 attached a passenger car.
Judge Knowles finds that the dummy oa1 OF
the defendant is substantially the same ~
that of tho complainant md does infringe
upon it's letters patent. The grip OF the
complainant WINS invented by A. $. Hallid'e.
The court says the gripping device OF the
defendant is not described in the patent.
but the patent OF Hallidie covers the whole
car in combining with the cable in an un-
derRround slotted tunnel gripping device
and passenger car, and concludes that when
a patent is granted a person and he de-
scribes the best mode in which 1t will ope-
rate he should not be bound exclusively to
that mode, and that q change of form does
not avoid nm infringement unless the pat
entee specifies Il particular form as a means
nv which the effect of the invention Is pro-
duced. '.'
The Judge says the claim of defendant
that under the patent the gripping device
vas A Permanent one while there was but q
temporary one, Is not a good one. and That
the evidence shows that 1t could be removed.
The Judge holds that there is such a thing
as expe mental use of n machine which 10
not in public use. and as IN experiment a
machine may DO tried in public ms we'll as
in private. 80 long az an inventor is actually
engaged in good faith in testing the opera
ton OF a machine to ascertain i 1t will &C
omplish the desired result md show 1t to
be a practicable invention it is not q public
use, and that in this case it WAS given an
experimental trial. The car was frat used
about Sept. l. 1873. and that IT was about a
yea- and a half after the first trial before
the invention was considered perfected;
that it took some time and many trials and
changes before Hnllidie gothic car to work,
and that the cable road on which his car
was used was tine first one ever actually
built and put into practical operation.
Hallidie made application for a patent
March "a, 1876. a,a.
me order of the con,t is that the COM
plainant have q decree as prayed for which
gives an Injunction to the complainant ana
IN accounting of the profits made by the
defendant md for damages. ~
The second opinion WAS in the case OF
David II. Jones against the Montana COM
pany, limited, for $40, 900 damages. Jones,
In December, 1889. was drilling in the com
pany's mine and using a chuck, which he
claimed had I'M; roper n unsafe rings on
It.. and from which he got a silver in his
right eye. The defense of the company
was that Jones waived all right to dam
ages when he became a member of the
D UNI Lummon Provident and Accident In
surance association. which was organized
by the defendant and its employees. The
qualifications for membership are employ
ment by the Montana company. limited.
and a monthly payment of $1.5O. The
company agrees to pay so per cent of the
monthly subscription with the understand
ing that it shall be exempt from liability
on account of injury to members while in
its employ. Jones WAS paid $751; so. which
it is claimed was the full allowance under
the bylaws of the association. On de.
murrer Judge Knowles decided in favor OF
the company. Toole d Wallace represent
ed Jones. aud Cullen, Sanders q Shelton
appeared for the Montana company, lin
tied.