The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 224
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DDEBAL REPORTER.
NAT. Ca-B3AK Bgol Co. v. D., L. & N. B. Co.
(Oraouit Curt, B. D. JMicigea. - , 1880.)
L PATmrr No. 40,156, issued October 6, 1868, to James Bing, for an im-
provement in car-brake shoes for railway cars, held, not infringed
under the circumstances of this case.
S 8AmE-INiG~Meu r---EvmEncE.-Where a device was not intended
as an evasion of a patent, but was intended for an entirely different
purpose, and the infringement, if any, was purely accidental, the
evidence of such infringement must be so clear as to admit of no
other reasonable construction.
-- , for complainant.
-- , for defendant.
BRowN, D. J. This is a bill in equity for the alleged infringe-
ment by the defendant of patent No. 40,156, issued October
6, 1863, to James Bing, for an improvement in car-brake shoes
for railway cars. The case was submitted upon the pleadings
and stipulation of the parties as to the facts.
The validity of the patent is, for the purposes of this suit,
admitted, but the defendant denies the infringement, and this
is the only issue in the case. It seems that in the construc-
tion of car-wheels the tires or peripheries are slightly bevelled
outward from the flanges, in order to secure a slight outward
pressure upon the rails and to relieve the flanges of some
portion of the strain put upon them in holding the wheels
upon the track; and that in stopping the cars it is desirable
that the brakes should be bevelled in an opposite direction, to
correspond and fit closely to the bevel of the wheels, although
this is not always done.
Various patents, English and American, were introduced
by the defendant, to exhibit the state of the art prior to the
issue of complainant's patent. It appears from them that
car brakes were originally constructed in a single piece,
attached to the end of a beam running across the car. This
method of construction, however, was open to the objection,
that when that portion of the shoe (technically called the
sole) applied to the flanges was worn out, the whole shoe
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/238/?rotate=270: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.