Thecases Eames v. Andrews

• Decision Date: 23 May 1887
• Docket Number: DRIVEN-WELL
• Citation: 122 U.S. 40,7 S.Ct. 1073,30 L.Ed. 1064
• Parties: THECASES. EAMES v. ANDREWS and others. 1
• Court: U.S. Supreme Court

122 U.S. 40

7 S.Ct. 1073

30 L.Ed. 1064

THE DRIVEN-WELL CASES.

EAMES

v. ANDREWS and others.¹

May 23, 1887.

C. R. Ingersoll, for appellant.

A. Q. Keasbey and J. D. Clayton, for appellees.

MATTHEWS, J.

This is an appeal from the decree of the circuit court of the United States for the district of Connecticut upon a bill in equity filed by the appellees to restrain the alleged infringement of reissued letters patent No. 4,372, issued to Nelson W. Green on May 9, 1871, for an improved method of constructing artesian wells. The original letters patent, No. 73,425, were issued to the patentee January 14, 1868. The defenses relied on were that the defendants did not infringe; that the patent was void for want of novelty in the invention; and that the reissued patent was void because it a § not for the same invention as that described and claimed in the original patent. The controversy relates to what is commonly known as the 'drivenwell patent.'

As one of the defenses is that the reissued patent is void, as covering more than was described and claimed in the original patent, it becomes necessary to compare the two, and for that purpose they are here printed in parallel columns, the drawings being the same in both:

Specification forming part of Letters Patent No. 73,425, dated January 14, 1868.

ORIGINAL.

Be it known that I, Nelson W. Green, of Cortland, in the county of Cortland, and state of New York, have invented a new and useful improvement in the manner of sinking and constructing artesian or driven wells, where no rock is to be penetrated, and of raising water therefrom; and I do hereby declare the following to be a full, clear, and exact description of the same, reference being had to the accompanying drawings, making a part of this specification, in which—

Fig. 1 represents a portion of the rod which is driven or forced into the ground to form the opening or hole for the insertion of the tube that forms the casing or lining of the well, and the avenue through which the water is raised to or above the surface of the ground, and Fig. 2 represents a portion of the tube.

My invention consists in driving or forcing an iron or a wooden rod, with a steel or iron point, into the earth until it is projected to or into the water, and then withdrawing the said rod, and inserting in its place a tube of metal or wood to the same depth, through which and from which the water may be drawn by any of the usual well-known forms of pumps.

To enable others skilled in the art to make and use my invention, I will proceed to describe the same with reference to the drawings.

The driving rod, A, I construct of wood or iron, or other metal, or of parts ofeach, with a sharp point, b, of steel or otherwise, to penetrate the earth, and a slight swell, a, a short distance above the point, to make the hole slightly larger than the general diameter of the rod. This rod I drive, by a falling weight or other power, into the earth until its point passes sufficiently far into the water to procure the desired supply. I then withdraw the rod, and insert in its place the iron or wooden tube, B, which may be slightly contracted at its lower end to insure its easy passage to its place. In general, this tube, B, I make of iron, and of a thickness that will bear a force applied at its upper extremity sufficient to drive or force it to its place; and, where a large or continuous flow of water is desired, I perforate this tube mit the water more freely to the inside.

The perforations, c, may be about one-half of an inch in diameter, less or more, and from one to one and a half inches apart; and the perforations may extend, from the bottom of the tube upward, from one to two feet. The diameter of the tube should be somewhat smaller than the diameter of the swell, a, on the drill-end of the driving-rod, A.

In localities where the water is near the surface of the ground, and the well is for temporary use only, as in the case of a moving army, or for temporary camps, lighter and thinner material than iron may be used for making the tubes; as, for instance zinc, tin, copper, or sheet metal of other kind, or even wood, may be used. The rod may be of any suitable and practical size that can be readily driven or forced into the ground, and may be from one to three inches in diameter.

Any suitable well-known pump may be applied to raise the water up through the tube to the surface or above it.

I am aware of James Suggett's patent of March 29, 1864, and I disclaim all secured to him therein.

Having thus full described my invention, what I claim and desire to secure by letters patent is——

The herein-described process of sinking wells where no rock is to be penetrated, viz., be driving or forcing down a rod to and into the water under ground, and withdrawing it, and inserting a tube in its place to draw the water through, substantially as herein described.

Specification forming part of Letters Patent No. 73,425, dated January 14, 1868; Reissue No. 4,372, dated May 9, 1871.

REISSUE.

Be it known that I, Nelson W. Green, of Amherst, in the county of Hampshire and state of Massachusetts, have invented a new and improved method of constructing artesian wells; and I do hereby declare that the following is a full, clear, and exact description of the same, reference being had to the accompanying drawings, forming part of this specification:

My invention is particularly intended for the construction of artesian wells in places where no rock is to be penetrated.

The methods of constructing wells previous to this invention were what have been known as 'sinking' and 'boring.' in both of which the hole or opening constituting the well was produced by taking away a portion of the earth or rock through which it was made.

This invention consists in producing the well by driving or forcing down an instrument into the ground until it reaches the water, the hole or opening being thus made by a mere displacement of the earth, which is packed around the instrument, and not removed upward from the hole, as it is in boring

The instrument to be employed in producing such a well, which, to distinguish it from 'sunk' or 'bored' wells, may be termed a 'driven' well, may be any that is capable of sustaining the blows or pressure necessary to drive it into the earth; but I prefer to

employ a pointed rod, which, after having been driven or forced down until it reaches the water, I withdraw, and replace by a tube made air-tight throughout its length, except at or near its lower end, where I make openings or perforations for the admission of water, and through and from which the water may be drawn by any well-known or suitable form of pump.

In certain soils, the use of a rod preparatory to the insertion of a tube is unnecessary, as the tube itself, through which the water is to be drawn, may be the instrument which produces the well by the act of driving it into the ground to the requisite depth.

To enable others to make and use my invention, I will proceed to describe it with reference to the drawings, in which——

Figure 1 represents a portion of the pointed rod above mentioned, and Fig. 2 a portion of the tube which forms the casing or lining of the well.

The driving-rod, A, I construct of wood or iron or other metal, or of parts of each, with a sharp point, b, of steel or otherwise, to penetrate the earth, and a slight swell, a, a short distance above the point, to make the hole slightly larger than the general diameter of the rod. This rod I drive, by a falling weight or other power, into the earth until its point passes sufficiently far into the water to procure the desired supply. I then withdraw the rod, and insert in its place the air-tight iron or wooden tube, B, which may be slightly contracted at its lower end to insure its easy passage to its place. In general, this tube, B, I make of iron, and of a thickness that will bear a force applied at its upper extremity sufficient to drive or force it to its place; and, where a large or continuous flow of water is desired, I perforate this tube near its lower end to admit the water more freely to the inside.

The perforations, c, may be about one-half of an inch in diameter, less or more, and from one to one and a half inches apart, and the perforations may extend, from the bottom of the tube upward, from one to two feet. The diameter of the tube should be somewhat smaller than the

diameter of the swell, a, on the drill en of the driving-rod, A.

In localities where the water is near the surface of the ground, and the well is for temporary use only, as in the case of a moving army or for temporary camps, lighter and thinner materials than iron may be used for making the tubes; as, for instance, zinc, tin, copper, or sheet metal of other kind, or even wood may be used.

The rod may be of any suitable and practical size that can be readily driven or forced into the ground, and may be from one to three inches in diameter.

In some cases the water will flow out from the top of the tube without the aid of a pump. In other cases the aid of a pump to draw the water from the well may be necessary. In the latter cases I attach to the tube, by an air-tight connection, any known form of pump.

What I claim as my invention, and desire to secure by letters patent, is—— The process of constructing wells by driving or forcing an instrument into the ground until it is projected into the water without removing the earth upward, as it is in boring, substantially as herein described.

The attempts judicially to enforce the rights claimed under this patent have met with determined resistance, and given rise to extensive litigation, in the course of which the original and reissued patents have been subjected to great serutiny and criticism. The first reported case is that of Andrews v. Carman, 13 Blatchf. 307, decided by Judge BENEDICT in 1876. That has been followed by Andrews v. Wright, before Judges DILLON and NELSON, 13...