MAGONE v. WIEDERER

No. 23.

159 U.S. 555 (1895)

MAGONE v. WIEDERER.

Supreme Court of United States.

Decided November 18, 1895.


Attorney(s) appearing for the Case

Mr. Assistant Attorney General Whitney for plaintiff in error.

Mr. Edward Hartley, (with whom was Mr. Walter H. Coleman on the brief,) for defendant in error.


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

The instructions which were refused asked the court to rule that exclusive use was the correct criterion to determine the classification. The error of this contention seems obvious from the most casual consideration. If exclusive use were made the test, then an exception would destroy the rule; for however general and universal the use of a particular article might be, if exceptionally...

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