Truman v. Deere Implement Co.

Decision Date23 February 1897
Citation80 F. 109
PartiesTRUMAN v. DEERE IMPLEMENT CO. TRUMAN v. HOLMES et al.
CourtU.S. District Court — Northern District of California

Department of the Interior, United States Patent Office.

To All Persons to Whom These Presents Shall Come, Greeting: This is to certify that the annexed is a true copy from the records of this office of the file wrapper and contents in the matter of the letters patent granted De Witt C. Putnam, September 14, 1880, Number 232,207, for improvement in breaking-carts. In testimony whereof I, John S. Seymour, commissioner of patents, have caused the seal of the patent office to be affixed this 6th day of September, in the year of our Lord one thousand eight hundred and ninety-three, and of the independence of the United States the one hundred and eighteenth.

(Seal.) John S. Seymour, Commissioner.

Petition.

To the Commissioner of Patents: Your petitioner, De Witt C. Putnam of Petaluma, Sonoma Co., Cal., prays that a patent may be granted to him for the invention set forth in the annexed specification. And he further prays that you will recognize Dewey & Co., San Francisco, Cal. (consisting of A. T. Dewey W. B. Ewer, and Geo. H. Strong), and A. H. Evans, of Washington, D.C., as his attorneys, hereby appointed to alter or amend the said specification, and to receive the letters patent when issued. D. W. C. Putnam.

Oath.

City and County of San Francisco, State of California-- ss.: On this twenty-fourth day of April, 1880, before the subscriber personally appeared the within named De Witt C. Putnam, and made solemn oath that he verily believes himself to be the original, first, and sole inventor of the breaking-cart herein described; that he does not know or believe that the same was ever before known or used, and that the invention described and claimed in the annexed specification has not been patented to him, nor with his knowledge or consent, in any foreign country, and that he is a citizen of the United States.

(L.S.) J. H. Blood, Notary Public.

Specification.

(Erase & insert 'A.')

To All Whom It May Concern:

Be it known that I, De Witt C. Putnam, of Petaluma, county of Sonoma, and state of California, have invented an improved breaking-cart, and I hereby declare the following to be a full, clear and exact description thereof:

My invention relates to certain improvements in that class of vehicles known as 'breaking-carts,' in which young colts are broken to harness.

Carts of this description are usually provided with very long shafts, and the seat is placed on springs immediately over the axle, or at such a distance back that the driver is not in danger of being kicked by a fractious animal. In this class of vehicles the foot-board is usually secured to the axle, while the seat is on springs, and it is therefore uncomfortable to ride upon, since, while the body of the occupant may move up and down, his feet must remain stationary.

My improvement consists in so attaching the foot-board to the vehicle that it shall move in unison with the seat, the same spring which supports the seat serving as a spring for the foot-board, as is more fully described in the accompanying drawings, in which Fig. 1 is a longitudinal section of my device; Fig. 2 is a bottom view; Figs. 3 and 4 are modifications.

Breaking-carts usually have two wheels A only, and the springs B are secured both to the axle C and the shafts D, said shafts being secured on the springs in the manner shown.

In order to attach the foot-board E to the wheels, I place metallic straps or bands F in a proper position to hold the foot-board, connecting these straps with the shafts and seat and not with the axle.

In Figs. 1 and 2 I have shown the straps connected with the shafts at the rear ends and forward of the whiffletree-bar.

The seat and foot-board have therefore a corresponding vertical motion, the shafts being connected with the springs, as described.

Figs. 3 and 4 show modifications of my device. In Fig. 3 the straps F have their forward ends secured on the shaft and their rear ends with the seat itself, the straps passing in front of the axle instead of to the rear, as shown in Fig. 1. In Fig. 4 I have shown the strap F in a single piece passing transversely under the foot-board, the two ends being connected with the opposite shafts.

In either case the operation is the same, the foot-board being sustained by the springs, the same as the seat is, and independent, as far as its connections are concerned, from the axle of the vehicle. This relieves the rider from the disagreeable jar incident to this class of vehicles, where the foot-boards are connected with the axles, as is usually done.

Having thus described my invention, what I claim as new and desire to secure by letters patent is--

The improvement in breaking-carts, consisting in suspending the foot-board E by means of straps or hangers if from the shafts, seat, or that portion of the vehicle connected with the springs alone, whereby the seat and foot-board having a common vertical movement substantially as and for the purpose herein described.

In witness whereof I have hereunto set my hand. D. W. C. Putnam.

Witnesses:

S. H. Nourse.

Frank A. Brooks.

Original Specn.

Cancelled per 'A.'

(Endorsements:) Patented File U.S. Patent Office, May 22, 1880.

A.W., 6-2-80.

Department of the Interior.

United States Patent Office, Washington, D.C., June 2nd, 1880.

De Witt C. Putnam, Breaking-Cart.

Care A. H. Evans & Co., Filed May 22, 1880.

--present. #10,310.

Room No. 87.

The patent of Jesse Winecoff, Oct. 17, 1871, No. 119,956 (Sulkies) substantially answers the claim.

It is therefore rejected Sanders, Examiner.

Chandler, Asst. Exr.

(Endorsement:) Office Letter. June 2, 1880. Patented File.

In the matter of the application of De Witt C. Putnam. Breaking-Cart. Filed -- . To the Hon. Comr. of Patents-- Sir: I hereby amend by erasing the entire specification and substituting the following:

('A.')

Amended Specification.

To All Whom It May Concern:

Be it known that I, De Witt C. Putnam, of Petaluma, county of Sonoma, and state of California, have invented an improved breaking-cart, and I hereby declare the following to be a full, clear and exact description thereof:

My invention relates to certain improvements in that class of vehicles known as breaking carts, in which young colts are broken to harness.

Carts of this description are usually provided with very long shafts, and the seat is placed on springs immediately over the axle, or at such a distance back that the driver is not in danger of being kicked by a fractious animal. In this class of vehicles the foot-board is usually secured to the axle, while the seat is on springs, and it is, therefore, uncomfortable to ride upon, since while the body of the occupant may move up and down his feet must remain stationary.

My improvements consist in so attaching the foot-board to the vehicle that it shall move in unison with the seat, the same spring which supports the seat serving as a spring for the foot-board, as is more fully described in the accompanying drawings, in which

Fig. 1 is a longitudinal section of my device.

Fig. 2 is a bottom view.

Breaking-carts usually have two wheels A only, and the springs B are secured both to the axle C and the shafts D, said shafts being secured on the springs in the manner shown.

In order to attach the foot-board E to the vehicle, I place metallic straps or bands F in a proper position to hold the foot-board, connecting these straps with the shafts and seat, and not with the axle. I have shown the straps connected with the shafts at the rear ends of and forward of the whiffletree bar.

It will be seen by this construction that the rear ends of the shafts and the seat are supported upon the spring B, while the straps F pass beneath the axle and are bent up so that their rear and their front ends are secured to the shafts at points behind and in front of the axle, while the central portion does not touch it at all.

The front board E, with its turned-up front portion, is then secured upon the bottom and front portions of the straps F. Being thus entirely independent of any direct connection with the axle, it will have the same movement imparted to it by the action of the spring that the shafts have, and it will have none of the unpleasant jar that a stationary foot-board or one supported from the axle will have, while the arrangement of the straps parallel with the shafts facilitates the attachment of the transverse foot-board and makes a strong construction.

Having thus described my invention, what I claim as new and desire to secure by letters patent is: the braces or straps F, having their ends secured to the shafts before and behind the axle, while the central portion extends beneath the axle and parallel with the shafts, and is adapted to support the transverse foot-board E, substantially as and for the purpose herein described.

I also amend by cancelling the drawing on file and substituting the new drawing filed herewith.

De Witt C. Putnam,

By A. H. Evans, Att'y.

(Endorsements:) "A" July 19, 1880. Amended Specn. Patented File. U.S.

Patent Office, July 19, 1880.

10310 1880. 40

No. 232,207. De Witt C. Putnam,

Of Petaluma,

County of Sonoma,

State of California,

"Breaking-Cart."

Rec'd May 22, 1880.

Petition " " "

Affidavit " " "

Specification " " "

Drawing " " "

Model Not required

Cert. dep. $15, May 22, 1880.

Cash

Add'l fee Cert. $20, Aug. 25, 1880.

" " Cash

Examined July 22, '80, Sanders.

Issued July 23, 1880, Arthur W. Crossley.

Patented Sept. 14, 1880.

Circular July 23, 1880.

Dewey & Co., San Francisco, Cal.

1880. A. H. Evans, Present.

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2 cases
  • Truman v. Carvill Mfg. Co.
    • United States
    • U.S. District Court — Northern District of California
    • March 28, 1898
    ...brought in this court for infringement of the same patent,-- the bills were dismissed, and the defendants held not to have infringed. 80 F. 109, affirmed on appeal 87 742. Different constructions of the carts were involved in the action at law and the suits in equity, as will be seen from t......
  • Sterling Remedy Co. v. Eureka Chemical & Mfg. Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • May 3, 1897

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