The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 225

                                
NAT. OAB-BAiL  sHOB 00. V. D., L. &a  . B. 00.  we
became worthless. To remedy this, a separate iron sole was
provided and bolted to a piece of wood known as the shoe,
and attached to the end of the beam. When the sole became
worn it could then be unbolted, taken off, and reversed, or
discarded, and a new sole be attached to the shoe without
injury to the latter. One of these devices, taken from the
Michigan Central Railroad, was introduced as an exhibit
under the name of the "Michigan Central Railroad Bhoe."
Plaintiff's invention was a new departure. In stating the
nature of his improvement he says: "My invention relates
to the construction of shoes or rubbers for car-wheels, and
consists-Firstly, in constructing the shoe of two parts, in the
peculiar manner described hereafter, so that the part in con-
tact with the wheel can accommodate itself to the same.
*  *  *   Even when the usual shoes are properly fitted to
the bevelled peripheries of the wheels the lateral movement
of the axles, as the wheels traverse curves of the track, is such
that ordinary shoes cannot fit accurately at all times. An-
other evil attending the use of ordinary shoes or rubbers is
that as the lateral movement of axles takes place an undue
strain is imparted to the brake-beam. These difficulties are
avoided by my invention, inasmuch as the sole, B, is permitted
to have a lateral rocking motion on the shoe, and can at
once accommodate itself to the bevel of the wheel, or to any
variation caused in that bevel by the lateral movement of
the axle."
His improvement, in brief, consists in having the sole
loosely fitted to the shoe, so that, when pressed against the
periphery of the wheel, the sole accommodates itself to the
bevel of the wheel, however much or little it may be. The
claims of the patent are 'tated as follows: Firstly, the shoe,
A, and the sole, B, both being constructed and adapted to each
other substantially as described, so that the sole can have &
lateral rocking movement on the shoe for the purpose speci-
fled; secondly, the combination of the shoe, A, sole, B, clevis,
D, and bolt, G, the whole being constructed and arranged sub-
stantially as specified.
The device of the defendant, undoubtedly, resembles this in
v.4,no.3-15