Weston Electrical Instrument Co. v. Stevens

U.S. Circuit Court for the District of Southern New York

Weston Electrical Instrument Co. v. Stevens

118 F. 1023, 1902 U.S. App. LEXIS 5250

U.S. Circuit Court for the District of Southern New York·Decided October 3, 1902·Published

Opinion

LACOMBE, Circuit Judge.

Defendants may call not more than two witnesses to testify that an instrument constructed in accordance with drawing of December, 1888, would in their opinion be inoperative, briefly stating their reasons for. entertaining such opinion, or not more than two witnesses to testify that they have tried to operate an instrument made in conformity to such drawing and have failed to succeed. (2) The motion to take surrebuttal with regard to publication in the London Electrician September 2 and 16, 1882, is denied. (3) As to each of the new publications put in in rebuttal, and referred to in paragraph 3 of the motion, defendants may call one witness to testify what he understands such publication to disclose. (4) Professor Anthony’s statement in cross-question 223 is stricken out. The motion for surrebuttal as to split-spool denied. Ten days’ time allowed to take this surrebuttal.

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LACOMBE, Circuit Judge.

Defendants may call not more than two witnesses to testify that an instrument constructed in accordance with drawing of December, 1888, would in their opinion be inoperative, briefly stating their reasons for. entertaining such opinion, or not more than two witnesses to testify that they have tried to operate an instrument made in conformity to such drawing and have failed to succeed. (2) The motion to take surrebuttal with regard to publication in the London Electrician September 2 and 16, 1882, is denied. (3) As to each of the new publications put in in rebuttal, and referred to in paragraph 3 of the motion, defendants may call one witness to testify what he understands such publication to disclose. (4) Professor Anthony’s statement in cross-question 223 is stricken out. The motion for surrebuttal as to split-spool denied. Ten days’ time allowed to take this surrebuttal.

Weston Electrical Instrument Co. v. Stevens, 118 F. 1023, 1902 U.S. App. LEXIS 5250 (circtsdny 1902).

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