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KELLEY v. CITY OF NEW YORK

58 F.2d 831 (1932)

KELLEY et al. v. CITY OF NEW YORK et al.

District Court, S. D. New York.

May 24, 1932.

Attorney(s) appearing for the Case

O'Brien, Boardman, Conboy, Memhard & Early, of New York City (Harold E. Stonebraker and Sutherland & Dwyer, all of Rochester, N. Y., of counsel), for plaintiffs.

Arthur J. W. Hilly, Corp. Counsel, of New York City (Charles Neave, Henry R. Ashton, and Harry A. Yerkes, Jr., all of New York City, of counsel), for defendants.

FRANK J. COLEMAN, District Judge.

The patent in suit covers an electric traffic-signaling system, and is alleged to be infringed by the New York City system of traffic lights. The defendants deny infringement and allege invalidity of the patent because of prior patents, publications, and uses. It is not necessary to pass on the defense of invalidity, because it is clear that the New York system does not infringe the patent, but it should be noted that the prior art...

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