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BROTHERS V. UNITED STATES, 250 U. S. 88 (1919)

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U.S. Supreme Court

Brothers v. United States, 250 U.S. 88 (1919)

Brothers v. United States

No. 309

Argued March 28, 1919

Decided May 19, 1919

250 U.S. 88

Syllabus

An unliquidated claim against the United States, under the Act of June 25, 1910, c. 423, 36 Stat. 851, for the alleged infringement of a patent is not assignable with the patent. Rev.Stats. § 3477. P. 250 U. S. 89.

The essential feature of patent No. 551,614, granted to Sarah E. Brothers et al. for "improvements in cable cranes with gravity anchors," is a nonyielding support or anchor at one end of the cable, and a yielding, tilting, or rocking support at the opposite end, consisting of outwardly inclined shears or some equivalent structure held movably at the base, and a counterweight on the outer side. Id.

This patent was not infringed by the use of cableways supported by two towers, both of which were intended and constructed to be rigid, but both of which, upon the tightening of the cables, done for the purpose of enabling the loads to clear the work as its height increased, acquired a tendency to yield with the yielding of the railroad bed beneath them under the increased stress. P. 250 U. S. 93.

Findings of the Court of Claims are to be treated like the verdict of a jury, and this Court is not at liberty to refer to the evidence, any more than to the opinion, for the purpose of eking out, controlling or modifying their scope. Id.

52 Ct.Clms. 462 affirmed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 250 U. S. 89





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