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MALLOCH v. PHILADELPHIA RAPID TRANSIT CO.

No. 4028.

37 F.2d 899 (1930)

MALLOCH v. PHILADELPHIA RAPID TRANSIT CO.

Circuit Court of Appeals, Third Circuit.

January 8, 1930.

Attorney(s) appearing for the Case

John J. McDevitt, Jr., and Bernard J. Kelley, both of Philadelphia, Pa. (C. W. Rivise and A. D. Caesar, both of Philadelphia, Pa., of counsel), for appellant.

Howson & Howson, of New York City (Charles Neave and Charles H. Howson, both of New York City, and George H. Huft, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, Sidney R. M. Malloch, the grantee of patent No. 1,249,981 for a "silent railway crossing," charged the Philadelphia Rapid Transit Company with infringement thereof. On final hearing, that court held the defendant did not infringe, and dismissed the bill. Thereupon the plaintiff took this appeal. After argument and due consideration had, we are of opinion the court committed no error, and that the rightness of its decree...

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