The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-09-07
AN "EMERGENCY'' VALVE.
Important and Interesting Case Before
Judge Putnam.

The Wessanxhouse Air Brake Company
p VS.. the Burton Stock Car Company.
In the UNITED States Circuit court in
this city yesterday, before Judge Putnam,
was tried the case of the Westinghouse
Air Brake CONT Nany of Pennsylvania VS..
the Burton Stock Car company, organized
in Maine and having its principal place
of business in Boston.
1t was motion for a preliminary in
junction to restrain the Burton Stock Car
company from further use of quick
action triple valve claimed to be an in
fringement of the patents of the Westing-
house company. There appeared for the
complainant John f. A Merrill of this
city, solicitor for the complainant and
George H. Christy of Pittsburg and
Frederic H. Belts of New York, counsel
for the complainant. For the defense
there appeared Harrison M. Davis of this
city, in behalf of the firm of Payson,
Virgin and Davis, as attorneys OF record,
and Mr.. Fish of Fish, Richardson and
Storrow of Boston, counsel.
There were also present Mr.. IL. II
Westinghouse, gener al manager OF the
company and Robert A. Park of New
York, Its eastern representative.
The case began at 10 a. m. and was
finished at p. m. The gist of the case
is as follows: Suit was brought by the
Westinghouse company against the New
York Air Brake company in 1890 for in
fringement of the patented quick action
triple valve known as the emergency
valve, before Judge Townsend OF the
Southern District of New York, who
rendered decision November Goth, 1898,
sustaining the validity of the patent, adj
judging that the defendant had infringed
and ordering decree for an injunction
and an account. The case was carried by
the defendants to the United States
Circuit court Of Appeals for the Second
Circuit of New York, and Judge Ship
man fled the opinion of the court on
October 10th, 1894, affirming the decree
which had been entered by the Circuit
court. The case is still hanging, pending
the completion of the accounting for the
damages.
The Burton Stock Car company are
users of the emergency valve, sold to
them by the New York Air Brake COM
pany, and under guarantee from them.
In many ways this case is very important
and unusual, because the cars OF the
Stock company are widely scattered over
the country and, it is claimed by the
defense that it would be great 1ncon-
venience and expense to obey the injunc-
tion of ordered, preventing the use of the
emergency valves upon their cars. The
compliments showed by actual expert
ment upon brake, present in the court,
that the valve could be removed by an
ordinary mechanic in about twenty
minutes and another substituted. The
valve is small part of the brake
mechanism, and is only used in case of
special emergencies, when it is very
valuable.
The case is a test case largely, for the
purpose of ascertaining whether the user
Of an article, already decided to be an in
sringement Of patent, sustained by a
court of last resort, can be enJo1n ed from
further use of that article, by means OF a
preliminary Injunction before the final
hearing of the case, when because OF the
circumstances, there can be no adequate
remedy in damages.
The case was argued by Messrs. Christy
and Belts for the complainant and Mr..
Fish for the defense, and Judge Putnam
reserved his decision.