NATIONAL

F. B·. 61:.

P.CO.

11.

AMERICAN P. P.

&: B. CO.

913

leaf, where the bearing takes place, a little deeper, the leaves and the link may all be made in one plane. While one particular form of attaching the leaf to the plate may.be essential in the Atwood hinge in order to obtain the Atwood bearing, the defendant only uses that form to obtain a different bearing. Upon the whole, we have grave doubt whether there is anything patentablei,n the combinatioI,l claim. of the Atwood patent, but if the sofeature," in combination with the other elements of the claim, is sufficient to sustaiIi the patent, then there is nO infringement shown, beoause the defendant's hinge is constructed with a different bearing. On the question of patentable novelty, it is somewhat significant that the application for the Atwood patent was filed in the patentoffice, April 4, 1884, and that the patent was not granted until March 6, 1888; that the application was three times: rejected by the patentoffice on reference to the Jenness patent of 1873, and that the evidence goes to prove that it was finally granted by an examiner who had not and to the was new. previously dealt with the This case is pending in this court upon an appeal from an interlocutory decree of theoircuit court of the United States for the district of Masan injllUction. In the opinion of this couti, the complainant is not entitled to an injunction, and the decree of the circuit reversed. .

NATIONAL FOLDING Box & PAPER Co. Box Co.

17.

AMERICAN PAPER PAIL &

(cwew£t Oourt, S. D. New York. January 15,1892.)
PATBliTS FOR INVENTIONS-CONSTRUCTION-RES JUDIOATA.

The construction of a patent in an action is conclusive in another aetton by the patentee against a third person, where no new defenses are interposed. .

.

In Equity, Suit by the National Folding Box & Paper Company against the Ame,ican Paper Pail & Box Company for infringement of )ettel'$'patent No. 171,866, granted January 4,1876, to Reuben Ritter, for an improvement.in paper boxes. Heard on motion for a preliminary injunction. Granted. Walter D. Edmund8, (lOmplainant. Billing8 Cardozo, (R. Bach McMaster, of counsel,) for defendant. LACQMBE, Circuit Judge. The patent sued npon was construed by this 41 Fed. Rep. 140. For the purposes. of court in B@ Co. v. this motion, that'construGtion is to be accepted; especially in. view of the fact that no new defense,S are interposed. The patent was limited to a locking' device, which operated by. the engagenllJllt of a hooking device with a slot) not at 1\ single point of contact, but where the hook and slot v.48F.no.11-58

It't'l'anged as to be' in contact, straight edge' to straight edge. 'Thfiidefeildant's' box, shown in Exhibit A., operates, and scems 'iIi that '*a.y, as' much asdidtheone·made by Nudevised ;geIit",'lttid,'before the court in the former Isuit. The projection does n()t sink down to the end of the slot, and there hook over the material in which' tl!te;, slot is cut, as in $0' nmny otherdevic'es,butengages with the edgeof:thesloHtself at se,veral points,' or continuously, as the pret!Sureupon the parts varies; , COl1lplaiionaIit may take a preliminary mjtinetion. '
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THE, WILLIAM:

,WlLLiAM. ,BRANFOOl'.

(District , ,

Couri;r" D. .South , " " .

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LSBJ1·pnhl..,.;,L:iAlIJU'l'YJ'OK ,PEBflON.l.L IN1URIIIls-,-DEFBCTITB APPLUNOB& , ; .A. in a ,ga,ng wbo ill injured, loadinit by the UUI'lXPecte,d llf Bstanchlon beoause Of defects Hl the fastel1rJiB'II6t observed and not apparent to the eye.' , " , " .' , 9. MEASURE OF DAMAGEB-PERSONAL INJURiES. .' . ' . , . '." , '" " "';',', By an accident on a vessel, for Which the ship was liable; a stevedore's laborer received a comminuted fraoture of the bones. ofllisleg, and had his leg amputated below the knee, being treated in a free hospital. He was between 80 and 35 years old, and earned $1.25 a day, 01'-$875 a year.-He/,d, that he would be allowed $500 for lIufferings and it would be assumed that his earning capacity was reduced twothirds, and that his life-interest in the ll&pitalized value of his income was worth one-b,alf the lWlount thereof, on wQich theor,y was to, ",cover $1,7861 or ; $21286 in:ilLA 1 :'./. ,:' _" . ·'S ,V,l ' :! " : " ',' " " , ,1: z :,; ,

In Admiralty. Libel by John Hamilton against the British steamship Williaml"BranfootfoTdarnages f6r'persolla.I' injurieS. Decree for libelant. . ·' Trenholm;c/c RMtt, for respondent. ' . :SIMo:NTdt:t,.J,;'r.rflislibei injuries,'receiVed,'on ship:, beIhnt 'was' gang empl?yed'ih discharging pyrites frOID' the British 'sfe/un-ship' William Branfooll; . While: he alid 'Others' were wonting iii' the' fu'werhold; an jron'starlchiorf suppottillg the necessary'. between-decks fell and broke his leg. The leg was cut off abont six inches helow the stanchion was main :fuiclwny.' n'W-aS 18 feet high, and weighed 660 pounds. .l,t rested. on an iron tank at ''tihe bottom :of thellold,ttri&:had two ,flanges at its lower'end, tbrough Ofiwhic,h ' iron ;bolt, Jrivefi'ng',it to thetRllk.' ' The top ofthl:l . ·ljt8.nchioilv W1\S riveted' 'to' the iron upon \'Vniolt'tbe 'between-decks 'resled; 'ThilHvss by 'aadrt of flap' pierced witbtwo'holes for rivets. 'After the stil.nchidn had :raUan; its upper erid was'examined. 'rhe con'currenceofftelltihionyis,that·o'ne of the rivets: oI'igitially iIi this part- Of

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