American Fire Hose Manuf'g Co. v. Cornelius Callahan Co.

U.S. Circuit Court for the District of Massachusetts

American Fire Hose Manuf'g Co. v. Cornelius Callahan Co.

41 F. 50, 1890 U.S. App. LEXIS 1955

U.S. Circuit Court for the District of Massachusetts·Decided January 3, 1890·Published

Opinion

Colt, J.

Upon the affidavits before me, I do not think the plaintiff has out a case which entitles it to a preliminary injunction. On the question of infringement, the evidence is conflicting, and my mind is not free from doubt.- - There are other facts brought out in the affida[51]*51vits, which make it dear that the courts should not grant an injunction in this case unless fully satisfied that the defendants infringe the Callahan patent. This seems to he a case where it requires the Ml proofs, such as are presented at final hearing, to properly determine the question of infringement. Motion denied.

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Colt, J.

Upon the affidavits before me, I do not think the plaintiff has out a case which entitles it to a preliminary injunction. On the question of infringement, the evidence is conflicting, and my mind is not free from doubt.- - There are other facts brought out in the affida[51]*51vits, which make it dear that the courts should not grant an injunction in this case unless fully satisfied that the defendants infringe the Callahan patent. This seems to he a case where it requires the Ml proofs, such as are presented at final hearing, to properly determine the question of infringement. Motion denied.

American Fire Hose Manuf'g Co. v. Cornelius Callahan Co., 41 F. 50, 1890 U.S. App. LEXIS 1955 (circtdma 1890).

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