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WEIR v. MORDEN

No. 182.

125 U.S. 98 (1888)

WEIR v. MORDEN.

Supreme Court of United States.

Decided March 19, 1888.

Attorney(s) appearing for the Case

Mr. E.E. Wood (with whom was Mr. Edward Boyd on the brief) for appellant.

Mr. Clarence A. Seward filed a brief for appellant.

Mr. Charles K. Offield for appellees.

MR. JUSTICE MATTHEWS, after stating the case, delivered the opinion of the court.

The question of infringement depends upon the proper construction of the second claim. The proof shows that the defendants did not infringe either the first or the third. They did not form and connect the two rails, making up the angular point as a part of the frog, so that one of the rails would extend unbroken and uncut directly across the path of the

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