Worswick Manuf'g Co. v. City of Philadelphia

E.D. Pennsylvania

Worswick Manuf'g Co. v. City of Philadelphia

30 F. 625, 1887 U.S. Dist. LEXIS 43

DecidedMarch 22, 1887

StatusPublished

This text of 30 F. 625 (Worswick Manuf'g Co. v. City of Philadelphia) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Worswick Manuf'g Co. v. City of Philadelphia, 30 F. 625, 1887 U.S. Dist. LEXIS 43 (E.D. Pa. 1887).

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Opinion

By the CouRt.

It is conceded that in the ease of Worswick Manuf'g Co. v. City of Buffalo, in the circuit court of the United States for the Northern district of New York, in the Second circuit, (20 Fed. Rep. 12(5,) the court, upon the same pleadings and evidence as we have in this case, decided that the third claim of the patent here involved is valid, and the defendants were guilty of infringement, and a decree -was entered for the plaintiff accordingly. Upon examination of the pleadings and evidence before us, this concession of the defendant appears to be well founded. While the decision in that case is not absolutely binding upon this court, a proper regard for certainty and uniformity in the law requires that courts of one circuit shall follow the decision of another, covering the same question, and especially the same letters patent. A decree will therefore be entered for the plaintiff granting an injunction and an account.

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By the CouRt.

It is conceded that in the ease of Worswick Manuf'g Co. v. City of Buffalo, in the circuit court of the United States for the Northern district of New York, in the Second circuit, (20 Fed. Rep. 12(5,) the court, upon the same pleadings and evidence as we have in this case, decided that the third claim of the patent here involved is valid, and the defendants were guilty of infringement, and a decree -was entered for the plaintiff accordingly. Upon examination of the pleadings and evidence before us, this concession of the defendant appears to be well founded. While the decision in that case is not absolutely binding upon this court, a proper regard for certainty and uniformity in the law requires that courts of one circuit shall follow the decision of another, covering the same question, and especially the same letters patent. A decree will therefore be entered for the plaintiff granting an injunction and an account.

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Bluebook (online)

30 F. 625, 1887 U.S. Dist. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worswick-manufg-co-v-city-of-philadelphia-paed-1887.