Brill v. St. Louis Car Co.

Decision Date28 November 1898
Docket Number1,049.
PartiesBRILL v. ST. LOUIS CAR CO. et al.
CourtU.S. Court of Appeals — Eighth Circuit

This was a suit by John A. Brill, the appellant, against the St Louis Car Company et al., the appellees, to restrain the infringement of letters patent No. 432,115, which as issued to John A. Brill on July 15, 1890, pursuant to an application filed on April 27, 1889. The invention covered by the patent relates to street-railway car trucks of the kind that are designed to carry electric motors, grips, or other analogous devices. In his specification the inventor stated that the object of his invention was 'to provide a truck frame of which the housings or pedestals for the axle-boxes form a component part of the truck frame, which is wholly supported upon or suspended from the axle-boxes, so that neither the frame, pedestals, nor appurtenances mounted on the frame, are subject to the vertical vibration of the car body, and an easier riding car body and an easier traveling running gear and the truck frame are provided, and which admits of easy and quick removal of any or all of the wheels and axle-boxes for repairs or replacement, without necessitating the dismantling of the truck frame. * * * ' The invention claimed by the patentee is fairly disclosed by the drawings Nos. 4, 5, and 9, which appear on the opposite page. In the drawings last referred to, B represents the axle of the car b the axle-box; C represents the housings or pedestals for the axle-boxes, which are not secured to the body of the car but are supported by the axle-boxes. The pedestals, so termed, are in the form of an inverted U, shown more clearly in Fig. 9, and the sides thereof extend to or below the bottom of the axle-boxes, as disclosed in Fig. 5, to maintain them in their normal position. The ends of the pedestals c', shown in Figs. 4 and 5, are connected together by side bars, d, shown in Fig. 4, to form the frame, D, of which the pedestals, C, are an integral or component part, and constitute the truck frame for the car. Between the top bar, c, of the pedestals, and the axle-boxes,, are interposed cushions of rubber, c 2, to provide a spring support for said pedestals on the axle-boxes. Through vertical openings in the pedestal ends, c', pass posts, F (see Fig. 4), which depend from the sills, a, of the car body. The lower ends of the posts, F, are suitably braced by a brace, H, shown in Fig. 4, which is bolted to the car sill, a, and by a truss-rod, I, which is also shown in Fig. 4. Surrounding the posts, F, are car springs, the lower ends of which rest on the frame, D, or on the ends of the pedestals, c'. The only claims of the patent that are involved in the present action are claims Nos. 1, 3, 4, and 6, which are as follows: (Image Omitted)

'What I claim is: (1) A truck frame, D, having component axle-box, pedestals or housings supported on and extending to or below the bottom of the car axle-boxes, in combination with a spring-supported car body, substantially as set forth. * * * (3) In combination with the axle-boxes of a car, the frame, D, havin g axle-box pedestals, C, with lower open ends, c 12, extending down to the bottom sides of said frame, and the latter extending longitudinally beyond the car axles, substantially as set forth. (4) In a car, the frame, D, having pedestal s, C, supported on, and extending down to or below the bottom of, the axle-boxe s, springs inserted between said pedestals and boxes, and spring supports for s aid car on said frame, substantially as set forth. * * * (6) In combination wi th a car body and its running-gear axle-boxes, the frame, D, having component y oke-shaped axle-box pedestals, C, with lower open ends, c 12, inner and outer p osts, F, connecting frame, D, and car body, car springs surrounding said posts, braces, H, for the outer posts, and a separate truss-rod, I, for the inner pos ts, F, substantially as set forth. ' The circuit court held that none of the af oresaid claims were infringed by the device which was in use by the defendants, and it accordingly dismissed the bill of complaint. The case is before this c ourt on appeal from such decree.

Francis Rawle, for appellant.

George H. Knight, for appellees.

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