239 F. 893 | 6th Cir. | 1917
When this case was first before this court (203 Fed. 41, 121 C. C. A. 377), the decree of the District Court perpetually enjoining the defendant from making, using, or vending the plaintiff’s horse collar stuffing machine was affirmed. The advance which the plaintiff’s assignors, as patentees, made over the prior art, and the very essence of their invention, was found to be a rotatable hopper free from central obstructions and caused to rotate by means of gear teeth or cogs on a ring which extends around the lower periphery of the hopper and rides upon the base member, the teeth meshing with those of a power-driven pinion at the rear of the hopper. The mechanism devised also makes permissible the use of tangled or machine-threshed straw. The case is again here on an appeal prosecuted by the plaintiff to reverse that court’s refusal to hold the defendant in contempt for violation of the original decree.
In 1907 the plaintiff sold one of its machines to a manufacturing company at Grand Rapids, Mich. In consequence of a fire in that .company’s plant in the latter part of 1914, the machine was injured by the bending of its removable rotatable metal hopper and the breaking of the stuffing rod nose. The metal disc which presses downward the straw in the hopper had been misplaced or lost. Excepting the disc, the damaged hopper, and the stuffing rod nose, the machine remained in an operative condition, although some of the smaller and relatively inexpensive parts, which were subject to wear and required replacement at intervals, were more or less worn. Those parts were such as feed rods, feed pipes, bottom plate of the hopper, pinion wheels, cross-heads, studs, sprocket chains, and connecting rods. If, when worn, such parts are replaced, the life of a machine, the selling price of which is $1,800, ranges from 10 to 30 years. Owing to their necessary renewal, a number at least of such parts has been furnished, when a machine is sold by the plaintiff, with the completed machine, and customers, when having none of such parts, have purchased them when re
The conclusion reached on the merits renders unnecessary a consideration of the defendant’s motion to dismiss, which may be marked overruled. The trial court is affirmed.
<E=»For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
<§=s>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes