Ross v. City of Minneapolis

• Decision Date: 03 December 1894
• Citation: 64 F. 592
• Parties: ROSS v. CITY OF MINNEAPOLIS. SAME v. CITY OF ST. PAUL.
• Court: U.S. District Court — District of Minnesota

64 F. 592

ROSS v. CITY OF MINNEAPOLIS.

SAME v. CITY OF ST. PAUL.

United States Circuit Court, D. Minnesota.

December 3, 1894

David E. Simpson (A. C. Paul, of counsel) for defendant city of minneapolis.

Lean T Chamberlain (T. D. Merwin, of counsel), for defendant city of St. Paul.

NELSON District Judge.

Complainant brings these suits against the city of Minneapolis and the city of St. Paul, Minn., for infringement of letters patent No. 173,261, issued to Robert Bragg, February 8, 1876, upon his application dated November 6, 1875. This is a patent for releasing the horses in fire-engine houses by a specific combination of an electro-magnet, armature, trip levers, and suspended weight acting upon the latches or fastenings of the horses' stalls. In his specification the patentee states:

'The object of my invention is to provide an arrangement by which I can obtain sufficient power from the action of an electro-magnet and its armature to perform certain stated duties. * * * I will describe the arrangement and operation of my invention with especial reference to its application of fire-engine houses, in which it can be used for the purposes of releasing the horses from their stalls. * * * Let A represent an electromagnet, with which the wire of the fire-alarm telegraph is connected, so that when an alarm is telegraphed the electric current will pass through the magnet and cause the armature, B, to be drawn up against it. C is an upright trip bar, which is pivoted at its lower end, and has a circular notch, d, formed on one side of its upper end. A weight, D, is arranged to slide up and down beside the trip bar, and this weight has a roller e, on one side, which can be caught in the notch, d, in the trip bar, when it is desired to suspend the weight and set the device. * * * Now, it is evident that when the electric current enters the magnet the armature will be drawn up against it, thus releasing the weight D, from the notch in the trip bar, and allowing it to drop. This weight can be connected directly with the device to be operated. * * * '

The drawing shows the electro-magnet in a horizontal position with the armature kept withdrawn from it by a small spring; hence the open circuit must be employed.

The infringement alleged is solely of the second claim, which is as follows:

'The combination, with the armature, B, of an electro-magnet of the trip lever, C, and suspended weight, D, the several parts

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