Bemis Car-Box Co. v. Boston & R. Elec. St. Ry. Co.

• Decision Date: 23 June 1896
• Docket Number: 114.
• Citation: 75 F. 403
• Parties: BEMIS CAR-BOX CO. v. BOSTON & R. ELECTRIC ST. RY. CO.
• Court: U.S. District Court — District of Massachusetts

75 F. 403

BEMIS CAR-BOX CO. v. BOSTON & R. ELECTRIC ST. RY. CO.

No. 114.

United States Circuit Court, D. Massachusetts.

June 23, 1896

John L S. Roberts, for complainant.

Francis Rawle, for defendant.

CARPENTER District Judge.

This is a bill in equity to enjoin an alleged infringement of the first claim of letters patent No. 239,702, issued April 5 1881, to Sumner A. Bemis, for car axle box, and the single claim of letters patent No. 330,372, issued November 17 1885, to said Bemis, for car wheel and axle box. The claims are as follows:

(1) The combination, in a car axle box, of the car wheel provided with a flange projecting out from the side of the wheel and around the axle, a tapered sleeve on the box or its housing projecting into the said flange on the wheel and surrounding the axle, and a washer placed upon said tapered sleeve on the box and there confined by contact with the end of the flange on the wheel and surrounding the axle, and a washer placed upon said tapered sleeve on the box and there confined by contact with the end of the flange on the wheel substantially as described. The combination, with external axle box, A, having a recess at its rear end containing an elastic packing-ring, of the axle, the flat-faced car wheel on said axle, and a tubular piece, c, detachably secured to the flat face of the car wheel and extending against the elastic ring, substantially as described.

I find on the evidence that the device used by the respondent is, for the purposes of this case, substantially that shown in the drawings of the letters patent No. 418,439, issued December 31, 1889, to John A. Brill, for dust shield for car axle boxes.

I do not find that the devices of the patent are anticipated. On the question of infringement the respondent refers to the opinion of its expert, who states the question at issue in the following terms:

'In the defendant's structure there is a car wheel, but there is no flange or projection cast thereon and projecting out therefrom. * * * Neither has the defendant's box a tapered sleeve on the box or housing projecting into the said flange of the wheel and surrounding the axle, in the same sense or for the same purpose as this tapered sleeve is shown and described in the Bemis patent. In the defendant's structure, as shown by both exhibits, the washer rests against an abutment formed in the box, and its inner diameter is larger than the portion of

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