United States Axle Lubricator Co. v. Wurster

• Decision Date: 05 April 1889
• Parties: UNITED STATES AXLE LUBRICATOR CO. v. WURSTER.
• Court: U.S. District Court — Eastern District of New York

38 F. 426

UNITED STATES AXLE LUBRICATOR CO. v. WURSTER.

United States Circuit Court, E.D. New York.

April 5, 1889

J. C Clayton, for complainant, cited:

Johnson v. Root, 1 Fish.Pat.Cas. 351; Conover v. Rapp, 4 Fish.Pat.Cas. 57; Singer v. Walmsley, 1 Fish.Pat.Cas. 558; Burden v. Corning, 2 Fish.Pat.Cas. 477; Brighton v. Wilson, 18 F 378; Child v. Iron Works, 19 F. 258.

Philipp Phelps & Hovey, for defendant, cited:

McCormick v. Talcott, 20 How. 405; Bragg v. Fitch, 121 U.S. 478-483, 7 S.Ct. 978; Railway Co. v. Sayles, 97 U.S. 554; Duff v. Pump Co., 107 U.S. 636, 2 S.Ct 487; Blake v. San Francisco, 113 U.S. 679, 5 S.Ct. 692; Wicke v. Ostrum, 103 U.S. 461; Fay v. Cordesman, 109 U.S. 408, 3 S.Ct. 236; Zane v. Soffe, 110 U.S. 204, 3 S.Ct. 562; Stephenson v. Railroad Co., 114 U.S. 149, 5 S.Ct. 777; Grier v. Wilt, 120 U.S. 412, 7 S.Ct. 718; Bussey v. Manufacturing Co., 110 U.S. 131, 4 S.Ct. 38; Machine Co. v. Murphy, 97 U.S. 125; Signal Co. v. Signal Co., 114 U.S. 87, 5 S.Ct. 1069; Rowell v. Lindsay, 113 U.S. 97, 5 S.Ct. 507; Burr v. Duryee, 1 Wall. 573; Werner v. King, 96 U.S. 230; Brown v. Davis, 116 U.S. 237, 6 S.Ct. 379; Prouty v. Ruggles, 16 Pet. 341; Clements v. Apparatus Co., 109 U.S. 641, 3 S.Ct. 525; Sheppard v. Carrigan, 116 U.S. 593, 6 S.Ct. 493; Sutter v. Robinson, 119 U.S. 530, 7 S.Ct. 376; Sargent v. Lock Co., 114 U.S. 63, 5 S.Ct. 1021; Leggett v. Avery, 101 U.S. 256; Vulcanite Co. v. Davis, 102 U.S. 222; Snow v. Railway Co., 121 U.S. 617, 7 S.Ct. 1343; Weir v. Morden, 125 U.S. 98, 8 S.Ct. 869; Hendy v. Iron Works, 127 U.S. 370, 8 S.Ct. 1275; Hartshorn v. Barrel Co., 119 U.S. 664, 7 S.Ct. 421; Water-Meter Co. v. Desper, 101 U.S. 332.

LACOMBE J.

This is a suit to restrain the infringement of a patent for axle lubricators, issued May 31, 1881, to Laskey and Arnold, (No. 242,141,) and assigned to the complainant. The single claim of the patent is:

'In combination with the axle, A, and box, B, the oil-chamber, D, communicating with the interior of said box, and provided with a supply orifice, an inwardly opening self-acting valve, d, and a male screw-thread upon the exterior of its outer portion, a force-pump or injector provided with a discharge nozzle adapted to enter said supply orifice and push back the valve, d, and a coupling sleeve, H, provided with an internal thread to engage with the thread on the oil-chamber, all arranged and adapted to operate substantially as and for the purposes described.'

Prior to the granting of this patent, Charles A. Wakefield (No. 115,914, June 13, 1871) had suggested the application of oil or grease to the friction surface between the hub and the axle by means of a perforation in the axle and nut, whereby the lubricant might be supplied without taking off the wheel or nut. John T. Wilson also (March 9, 1869, No. 87,609) had devised an oil chamber or reservoir constructed in the axle, with an accessible opening through which it might be supplied with a lubricating material, and connecting with an opening or perforation through the axle. Aaron Richardson (July 29, 1851, No. 8,251) had also devised an inwardly opening self-acting stopple (consisting of a plug-valve and spiral spring) for use in connection with oil-cups. W. H. Harvey (October 31, 1871, No. 120,515) had also devised, as a lubricator for axles, a syringe with piston, reservoir, and a communicating nozzle adapted for insertion into a conical orifice in the hub or journal, through which the oil or grease might pass to the friction surface. Elias W. Moyer (January 28, 1878, No. 201,193) had also combined perforated axles, plugged supply orifices and reservoirs with packing of wick. In this state of the art the complainant's assignors presented their particular combination of improvements in axle lubricators, and asked for a patent. They described their invention as one relating to improvement in oiling carriage axles without removing the wheel, or even holding the nut from the axle, such improvement consisting--

'In attaching to the nut, box, axle, or hub an oil-chamber communicating by suitable passages or conduits with the space between the axle and the box, and provided with a supply orifice closed by a self-acting valve opening inward, and adapted to be retracted by exterior pressure thereon, and permit the insertion in said orifice of the nozzle of a force-pump or injector, as will be further described. It further consists in the use, in combination with a carriage axle and its box, of an oil-chamber communicating by a suitable passage or conduit with the interior of said box, and provided with a supply orifice having a self-closing valve opening inward, and a force-pump or injector, provided with a nozzle adapted to fit said supply orifice and push back said valve, and a packing to prevent leakage of the oil around said pump or injector nozzle. It further consists, in the combination with the axle of a carriage and its box, of an oil-chamber secured to, or forming a part of, the nut for securing the wheel upon the axle, said chamber communicating through a suitable passage or conduit with the interior of the wheel-box, and provided with a supply orifice having an inwardly opening and self-closing valve, as will be further described. It further consists, in the combination with the axle of the carriage and its box, of an oil-chamber attached to said axle or wheel, and communicating with the interior of said box by a suitable passage or conduit, and provided with a supply orifice, having an inwardly opening and self-closing valve, a force-pump or injector provided with a nozzle adapted to fit said supply orifice and retract its valve, and a coupling adapted to firmly secure said pump or injector to said oil-chamber during the operation of oiling the wheel.'

This application contained four claims, the second of which was for the combination with a carriage axle and its hub-box of 'an oil-chamber attached thereto and communicating with the interior of said box, and provided with a supply orifice a spring-actuated valve for closing said orifice, and a force-pump or injector, provided with a discharge nozzle adapted to enter said supply orifice and push back the valve, substantially as and for the purposes described. ' This claim covered, besides the other elements of the combination, any method of bringing the oil-pump into connection with the axle or box by means of a discharge...