Adams Electric Ry. Co. v. Lindell Ry. Co.
Decision Date | 26 October 1896 |
Docket Number | 621. |
Citation | 77 F. 432 |
Parties | ADAMS ELECTRIC RY. CO. v. LINDELL RY. CO. |
Court | U.S. Court of Appeals — Eighth Circuit |
This is an appeal from a decree of the court below, which dismissed a bill for the infringement of letters patent No. 300,828 issued to A. Wellington Adams, on June 24, 1884, for improvements in electric motors, on the ground that there was no novelty and no patentable invention in any of the combinations claimed therein. 63 F. 986. When the case was submitted at the final hearing below, the question of the validity of the patent and the question of its infringement by the appellee had been properly raised by the pleadings and proofs, and these were the only questions which demanded the consideration or decision of the court. They are the only questions presented here. The following is a copy of the drawings, specification, and claims which form a part of the letters patent to Adams, upon which this suit is based:
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'United States Patent Office.
'A. Wellington Adams, of St. Louis, Missouri, Assignor to the Adams Electric
Company of Same Place.
'Electric Motor for Railway Cars.
'Specification forming part of letters patent No. 300,828, dated June 24 1884.
'Application filed December 15, 1883. (No model.)
'To all whom it may concern: Be it known that I, A. Wellington Adams, of St. Louis, in the state of Missouri, have invented a certain new and useful improvement in electric motors for railway cars and analogous purposes, of which the following is a specification:
by said supporting frame, under the arrangement and for operation as hereinbefore set forth.
'In testimony whereof I have hereunto set my hand this 21st day of November, 1883.
A. Wellington Adams.
'Witnesses:
'A. P. Adams.
'F. E. Nipher.'
In the year 1883, Adams constructed and operated for some months in a laboratory in the city of St. Louis a working model, which embodied the combinations claimed in his patent, upon a track about 75 feet long, made of small brass rails. He succeeded in carrying passengers upon the car which he propelled with his electric motor, but the specific device which he embodied in his model and described in his patent never went into commercial use.
The appellee, the Lindell Railway Company, is engaged in operating street railways by electricity. The following drawing, from which the spur gearing by which motion is transmitted from the pinion of the armature of the electric motor to the cog-wheel fixed upon the driven axle has been omitted, shows the motor used by the Lindell Railway Company, the means by which it is supported in constant relative position to the driven axle of the street car, and the combination of elements which the appellant claims is an infringement of the patent to Adams. The appellee does not sleeve its armature upon the driven axle, so that it will revolve around it, but locates it upon a shaft journaled in the motor frame parallel to the driven axle, and places its field magnet between that axle and the shaft of the armature. One end of the motor frame is sleeved upon the driven axle, and the other end is supported by a spring, which is either attached to the body of the car or rests upon a cross-bar that extends from side to side of the truck frame between the driven and undriven axles. The various parts of the structure of the appellee are indicated by letters upon the drawing in this way: A is the driven axle; B, the motor frame; C, C, are the boxes at the extremity of the motor frame in which the driven axle is journaled; D is the undriven axle; E is the cross-bar which extends from side to side of the truck frame between the driven and undriven axles; F is the spring which rests upon the cross-bar, E, and supports the end of the motor opposite to that which is journaled on the driven axle.
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The appellee purchased its electric motors of the owners of letters patent No. 324,892, issued to Frank J. Sprague on August 25, 1885, for an improvement in electric railway motors, and letters patent No. 406,600, issued...
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