MARKET STREET RAILWAY CO. v. ROWLEY

No. 161.

155 U.S. 621 (1895)

MARKET STREET CABLE RAILWAY COMPANY v. ROWLEY.

Supreme Court of United States.

Decided January 7, 1895.


Attorney(s) appearing for the Case

Mr. Harvey S. Brown and Mr. William F. Booth for plaintiff in error.

Mr. John H. Miller and Mr. John L. Boone for defendant in error.


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

Did the court below err in refusing to instruct the jury to find a verdict for the defendant on the ground that the patent sued on was void for want of novelty?

The defendant put in evidence a number of patents prior in date to the plaintiff's, and asked the court to compare the inventions and devices therein described with those claimed by the plaintiff. No extrinsic evidence...

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