Royer v. Schultz Belting Co.
Annotate this Case
135 U.S. 319 (1890)
U.S. Supreme Court
Royer v. Schultz Belting Co., 135 U.S. 319 (1890)
Royer v. Schultz Belting Company
Argued April 22-23, 1890
Decided May 5, 1890
135 U.S. 319
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF MISSOURI
At the trial of an action at law for the infringement of a patent, the plaintiff having introduced testimony on the question of infringement, the defendant demurred to the evidence without putting in any of his own. The court sustained the demurrer and directed a verdict for the defendant. Held that the question of infringement ought to have been submitted to the jury under proper instructions; that it was not a matter of mere judicial knowledge that the mechanical differences between the two machines were material, in view of the character of the patented invention, and of the claims of the patent, and that the case was not one where, if the jury had found for the plaintiff, it would have been proper for the court to set aside the verdict.
This was an action at law for the infringement of letters patent. Verdict for the defendant and judgment on the verdict. The plaintiff sued out this writ of error. The case is stated in the opinion.
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