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

CourtU.S. Circuit Court for the District of Massachusetts

DecidedJanuary 3, 1890

StatusPublished

This text of 41 F. 50 (American Fire Hose Manuf'g Co. v. Cornelius Callahan Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

41 F. 50, 1890 U.S. App. LEXIS 1955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-fire-hose-manufg-co-v-cornelius-callahan-co-circtdma-1890.