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DAY v. FAIR HAVEN RAILWAY CO.

No. 35.

132 U.S. 98 (1889)

10 S.Ct. 11

33 L.Ed. 265

DAY, v. FAIR HAVEN AND WESTVILLE RAILWAY COMPANY.

Supreme Court of United States.

Decided November 11, 1889.

Attorney(s) appearing for the Case

Mr. Charles J. Hunt for appellant.

Mr. William Edgar Simonds for appellee.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

Augustus Day filed his bill in equity against the Fair Haven and Westville Railway Company in the Circuit Court of the United States for the District of Connecticut, alleging an infringement of the fourth claim of reissued letters patent No. 8388, dated August 27, 1878, for an improvement in track clearers.

The defence was that the claim lacked patentable...

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