A.R. Milner Seating Co. v. Yesbera

• Decision Date: 08 October 1901
• Docket Number: 931.
• Citation: 111 F. 386
• Parties: A. R. MILNER SEATING CO. V. YESBERA.
• Court: U.S. Court of Appeals — Sixth Circuit

111 F. 386

A. R. MILNER SEATING CO. V. YESBERA.

No. 931.

United States Court of Appeals, Sixth Circuit.

October 8, 1901

Thomas B. Hall, for appellant.

Almon Hall, for appellee.

Before LURTON, DAY, and SEVERENS, Circuit Judges.

SEVERENS Circuit Judge.

The bill filed in this case complains of the infringing by the defendant of rights secured under letters patent No. 597,686 of January 18, 1898, to Albert R. Milner, as assignor to the complainant, for certain improvements in counter stools or seats, the object of the invention being to provide a seat in front of the counter, which, when not in use by customers would automatically swing up to the counter in front of it and which could be easily moved back to its place by the hand when wanted for use. The useful purpose which the invention was intended to subserve is thus stated by counsel for complainant in error:

'The aisles of stores can thereby be materially widened, as compared with width possible when using any prior kind of stool. Large dry goods stores are usually run along such length, with stools in front of each counter. On our leading shopping thoroughfares each inch of store width commands a heavy rental. The patent stool enables any given number of shoppers to be accommodated in a store of less width than heretofore possible. Especially at crowded seasons, such as Christmas holidays, not only is the capacity of the store thus materially enlarged, but the comfort of the shoppers is correspondingly increased, because less crowded together such shoppers being mostly ladies and children; and the time of such shoppers also correspondingly saved, because of freer opportunity to pass by each other. Moreover, the store floor can be swept and cleaned at night quicker and better, because the stool arm brackets, as well as the stools, are against the counter.'

The details of the parts employed in the combination by the invention are a recessed bracket resting upon the floor, and fastened on its perpendicular face to a counter, a curved stool arm extending into the recess of the bracket and pivoted near its lower end by a bolt running through the side walls of the bracket and of the stool arm, and engaging the rear wall of the recess in the bracket, which (the rear wall) forms a stop to limit the outward movement of the arm, a spring curled around the pivot of the arm having extensions engaging the stool arm and bracket, respectively, to throw the stool arm up, and a seat plate on the upper end of the arm so formed as to present a horizontal seat plate, which, when the arm is folded up against the counter, is nearly perpendicular to the floor. The following illustration, which is Fig. 3 of the drawings, taken in connection with the foregoing description, will indicate the character of the device:

(Image Omitted)

The pivot extends...