U.S. Supreme Court
Dable Grain Shovel Co. v. Flint, 137 U.S. 41 (1890)
Dable Grain Shovel Company v. Flint
Submitted October 21, 1890
Decided November 3, 1890
137 U.S. 41
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE NORTHERN DISTRICT OF ILLINOIS
The Act of March 3, 1839, c. 88, § 7, authorized persons in whose building a machine was put up by the inventor thereof, and with his knowledge and consent, while he was in their employment, and before his application for a patent, to continue to use the specific machine, without paying compensation to him or his assigns, although asked for after obtaining the patent, and is not unconstitutional as depriving him of his property without compensation.
This was an action for the infringement of two patents for improvements in machinery for unloading grain from railroad cars, issued in 1866 and 1868 to John Dable, and by him since assigned to the plaintiff.