Rowell v. Lindsay

• Court: U.S. Supreme Court
• Writing for the Court: WOODS
• Citation: Rowell v. Lindsay, 113 U.S. 97, 5 S.Ct. 507, 28 L.Ed. 906 (1885)
• Decision Date: 05 January 1885
• Parties: ROWELL and another v. LINDSAY and another. 1

113 U.S. 97

5 S.Ct. 507

28 L.Ed. 906

ROWELL and another v. LINDSAY and another.¹

January 5, 1885.

James J. Dick, for appellants.

E.E. Wood and E. Boyd, for appellees.

WOODS, J.

The appellants, John S. Rowell and Ira Rowell, were the plaintiffs in the circuit court. They brought their bill in equity against Edmund J. Lindsay and William Lindsay, the appellees, to restrain the infringement of reissued letters patent No. 2,909, dated March 31, 1868, granted to the plaintiffs for 'a new and improved cultivator.' The invention was illustrated by the annexed drawings, and was described in the specification as follows:

'Fig. 1 is a side elevation of the tooth, in a beam shown in longitudinal section. Fig. 2 is a top view of the beam, with the tooth in position. This invention consists in applying to the shank of the tooth a curved brace-bar, the upper end of which passes through a slot or mortise in the beam, and is held in position by a clamping-bolt, which passes transversely through the slot or mortise near the brace-bar, and forces the sides of the beam together against the brace-bar, so as to clamp it in any required position, and thereby adjust the tooth in any inclination, at the same time allowing it to yield to immovable obstacles without breaking. In the drawings, A represents one of the beams of a cultivator; B, the shank, pivoted at b; B', the tooth; C, a curved brace-bar extending in the arc of a circle outward and upward from the rear side of the shank, B, and its upper end passing vertically through a longitudinal slot or mortise, a, in the beam, A; and D, a bolt, passing transversely through the slot or mortise, and having a head, d, on one end, and a nut, d', on the other, by which the side walls of the slot or mortise can be clamped against the brace-bar with any required force, thereby holding the latter in position when operating in the field. It is evident that in a device thus constructed and operating, the brace-bar, C, can be so clamped that the tooth will retain its position when working in arable soil, but will yield when coming in contact with an immovable obstacle, and pass over it without breaking, the shank turning back upon its pivot, b, and the brace-bar being forced up through the slot. The same arrangement also allows the shank to be adjusted in any position for deep or shallow cultivating.

'Having thus described our invention, what we claim as new, and desire to secure by letters patent, is the combination of the slotted beam, A, shank, B, brace-bar, C, and bolt, D, when the parts are constructed and arranged to operate as and for the purposes herein specified.'

The answer of the defendants, among other defenses, denied infringement of the letters patent. The plaintiffs contended that infringement of their letters patent was made out by the evidence, which tended to show that the defendants constructed and sold seeding-machines made according to the specification of letters patent granted to John H. Thomas and Joseph W. Thomas, dated June 30, 1874, for 'an improvement in seeding-machines.' This invention related to the drag-bars and shovel standards of broad cast seeders, and consisted mainly in the manner of attaching the standards to the drag-bar. The inven- tion can be readily understood from the annexed drawings, by which the specification was illustrated:

The bar, A, is cut so as to leave a slit in the rear end as at A², to receive the shank of the shovel, C. This is secured in the slit by the bolt, D. Another threaded bolt is passed through the bar, A, in such place as to sustain the shovel when in proper position. The ends of the bifurcated bar are drawn down by the bolt, E, or by the united action of the bolts, E and D, until clamped against the standard of the shovel with such force that the friction shall maintain the shovel in position while passing through mellow earth, but not so tight but that it will yield to an excessive resistance before force enough is applied to break the shovel. The advantages of the invention are thus stated: 'By the form given to the standard we obtain not only the gripe on the pivoted end, but also a gripe against the sides of the standard, so that from its form it must be moved in the direction of its length. A much less restraining force will then hold the standard with requisite tenacity. Our device has its distinguishing feature in that construction, as shown, by which the shank is itself so bent as to give effect to the double action of the joint at the eye and the compressing bolt, E. By making it in one piece its construction is greatly cheapened, as compared with that class where an arm has to be welded into the shank.' The claim of this patent was as follows: 'In combination with the drag-bar, A, bifurcated at A², the curved shovel standard, C, bent as shown, and pivoted by bolt at D and clamped by bolt, E, substantially as shown and described.'

Upon final hearing upon the pleadings and proofs the circuit court dismissed the bill, and the plaintiffs appealed.

The evidence shows that the shanks or standards of plows, cultivators, and seeding machines have been used in a great variety of forms. In some, the upper end of the brace entered the beam in the rear, and in others, in front of the shank. In some, the upper end of the shank and the brace were so formed and united as to present an elliptical figure. Many, perhaps the majority, were without braces. In some, the upper end of the shank was made with a head in the...