The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-03
WON
lN7..'L|.,'E|C|. SUIT
Court Of Appeals Re
verses Lower Court iii This
Local Patent Case. gS
HER CASES DECIDED.
The District Court Sustained in
d Local Admiralty Case.
Cases Argued.

A .----.----..-
| 3Thc. United states Circuit Court Of
| Appeals FOR tho Fourth Circuit convened
yo.tcrday at u O'clock NJ. to hold It's Feb.
ruary term rho following judges were
| III attandanco lion. Charles l1.fsimoil-
| ton. United Estates circuit Judge, Charles
ton. s. CLIFTON. James y. Boyd, United
State district Judge. Greensboro, n. q:
and Hon. benjamin f., Keller. United
| states district Judge, BramweH, WA. b
Tho most important decision Of n local
nature handed down by the court was
| that iii tho case Of the administrators OF
Ulysses r.. Robbins and IJlvn Randall,
deceased. against the Steamship Char
llotte." 81 Tho York River line Tho two
lgdcccdcnts were drowned as the rosult OF
| a collision between the Charlotte" and
tho schooner Anna M. Harris" In York
River, II ear West Point Tho lowcrirourt
| fcLilf, that tho collision was the result
| wholly OF tho fault of tho Charlotte
and gave damages OF $1,000 to Robbins
and 5000 to Randall. This court sllstains
tho decison OF the lower court. 4
WOODEN LEG CASE REVERSED
IN the case of "A. r.. Peters, plaintiff
! in error, 10. James r. Hanger, deferl-
dantsin ,error,; from the Circuit Court at
Richmond va. tlie plaintiff, Hanger,
| brought an action IN I he court below for
damages and profits against Peters, de.
! fendant. because Of the Infringement Of
This. patent rights The plaintiff, in stat
Eng his Cause Of action, alleged that the
lrinfrfngs Clements complained of occurred
since 18th of October, 1896, and before he
ga october, 1902 Z After tho conclusion
OF tho testimony in the lower court the
defendant requested the court to instruct
| the jury as to claims and 9 Of the
Hanger patent, Ina smuch as no act Of
infringement Ind been proved during six
| years preceding the date Of the filing OF
this suit, they must find for tho defenl.
Sdant. This was refused Judge Slmon-
ton speaking for the court. said: ..NYe
have carefully examined the evidence
which is in, the record, and >havo failed
to discover any evidence showing tho
data that any infringement Of the patent
was made by tho defendant below, If, in
deed y sanyFiinfringenen was proved.
There is much to ereate q surn,ise, but
nothing to show any act within six iyears
E-siore tho euit.awae brought. Thosf de-
PENDANT. pleaded the general issue, nd
did not plead tho statute. I've are Of the
opinion that the plea, Of tho sta tute lwas
| not necessary IN this case Tha refusa;
of the court to instruct tho jury as re-
| quested by tho defendant below Is held
to be error by hiss court and the cause
lis reversed and renanded, with directions
Ito set aside the verdict and grant a now
| trial.
tss@3 SUMMARY or saPROCEED1NGs.
Ri The court announced and handed down
its opinion In the following cases:
q George.O. Robinson. ppellant vs.. Sub.
frga tie sf' erc GHn Genst appSs
Va. Opinion by Judge SmontoY. AT
sf,rne "a with costs II t:-ss 3
Gustonia Cotton Manila turing Com
Company, B defendant lin error; /. in error
to the circuit Court at Charlotte n. G.
opl,ion by Judge simonton. Reversed
g-G9ae6nsD: Hampton. interviewer. appel
tlahr, vas Norfolk and Western Railway
Company, appellee. In tho case of Ell
/, Getty Insurance. Trust and Safe Deposit
{. VS. Norfolk aald western ;et,,r Railroad
EG1eensboro, N c. Opinion by Judge
Biawley. Affirmed.
| Tht Board Of Commisslonersgo Hender-
:rhe Travellers Insurance. Company, de-
Court at Charlotte. N, G.. Opinion by
Judge simonton. Affirmed. with costs.
James =. Hanger. defendant in error;
in error to the Circuit Court at Richmond;
Va Opinion by Judge Simonton. Re-
!, Yersed !; and sremanded WITH directions to
set aside tho verdict and grant a now
.lonis, vs.. Hall Brothers, alleged bank
rupts. appeIlees; appeal from tie District
Judge smonton. Affirmed. with costs.
" TIC Farmers Bank of Edgefield, S. O.,
appellants. VS.. Daniels 6 Company ct al.
apoe lees: appeal from tiip District Court
Steamship chariotte.. appellant, VS..
r. 2. Robbins, administrator of Ulysses
ass1 n9bH Pms dseefssa ap Fl Ris
rncnd. Va Opinion by Judge Slmonton.
Affirmed, with costs.
\, S,t JoH i;';a plaintiff n VS.
e M Farm aoS s dsfandant n
erlcr In error to Circuit C6urtat Gunrlcs-
ton s, G. Opinion by Judge Waddiu,
Affirmed. with costs.
d It 1, Misunderstanding Company, an.
sGouiTii3 at NeWberlii, NJ. G. Opinion BY b,
.dge Rr2g,g {r,7 Rayerssd s a :, 1I Eeandc.
Nv snty Boxes of. Corn Whisky ct ct al a.
deffndant IN error; from tho District
Court at Danville, "a. Submitted ION
,breft by John c. Blair assistant United
States attorney. at Wythevllle, Va. on, be-
half of the government. No counsel ap-
nsared for the twenty boxes OF corn wills
The following cases in the call for
Emanuel w. Bloomingdalo ct all, APP,
3peIiants, vs.. Gilbert i. Watson and Max
DIZZY. appellee; appeal from Circuit Court
Mt Parkershtrg. w Va. To be argued
by McCluer g. McCluar. OF Parkersburg.
w. Va. and Hays & HtrshAeld, Of New
York. for the appellants; and by B. NJ.
Amber, OF Parkersbltrs, w Va, and
"a, Leo We'll, OF Pttspurg, Penn, for
tho appellees, lg A
/ Sax prey, appellant, vs., Gilbert j..
Watson ct al, appellees appeal from tho
Circuit Court at Parkersburg, W Va,
10 be argued, by a. Leo Well, of Pitts.