City of Akron v. Bone

Citations

• 221 F. 944
• 137 C.C.A. 514
• 1915 U.S. App. LEXIS 1397

Syllabus

<p>1. Patents ■ <@=>328—Validity and Infringement—Retaining Wall.</p> <p>The Bone patent, No. 705,732, for a reinforced concrete retaining wall, consisting of a- comparatively thin vertical wall, broadened at the base into a heel and toe, the heel extending back for a considerable distance under the earth bank to he retained, discloses invention, and is valid; also held infringed.</p> <p>2. Municipal Corporations <@=>753 — Torts — Infringement of Patent— Acts Ultra Vires.</p> <p>A suit for infringement of a patent is based on tort, and the fact that officers of a city, acting within their authority in constructing a public improvement, violate a statutory restriction, by specifying and using a patented .structure .without having obtained tbe right, from the patentee, .does noUrelieve the city from liability for the infringement.</p> <p>[Éd. Note.—For other .cases, see Municipal Corporations, Cent. Dig. §§ 1584, 1586; Dec. Dig. <@=>753.]</p> <p>On Application for Rehearing.</p> <p>3. Appeal and Error <@=>1178—Disposition of Cause—Directing Rehearing in Lower Court.</p> <p>A Circuit Court of Appeals, which has decided an appeal in equity, will not direct a reopening of the case by the District Court to admit further evidence, when no reason is shown why it could not have been produced on the original hearing, unless such new evidence is of so important a character as to clearly make it appear that the decision was erroneous.</p> <p><gsbFor other cases see same topic-& KEY - NU M BE R in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—Eor other cases, see Appeal and Error, Cent. Dig. §§ 4604-4620; Dec. Dig. <S^U78.]</p> <p><©E5>Eor other caser nee same topic & KEY-NUMBER in ali Key-Numbered Digests & Indexes</p>