895 of those articles which were miulufactureu and sold while the patent was alive,the manufacture ofwhich was an infringement Of this patent; ,that he should have the benefit of having forbidden them while theplttent was in existence; and that the injuMtionshoulclbe continued as to the sellingor:using of those manufactures, notwithstanding the expiration of the patent. We are of the opinion that with the expiration.of ,his patent the ,plaintiff's 'right to forbid anybody to make, USe the articles to which, this invention refers expires. Hit:l sell, monopoly is continued for 17 years bylaw, or whatever period the la-tv his patent to run. That monopoly isagainstthe making, selling, or ul!ingof articles., He has the benefit of that mOllopoly, undhas bad that, with regard to those articles in which he no.w IlSks to be further. p)'otected. He may recover the damages he hassustained,in this suit, w,hich is still periwllg intbis court. He may recover .for the daIJ:lllges, which Were inflicted before the injunction was brought. And he, ,tbat the court l!hallenjoin the sale and use of those articles for, w4ichheexpeots to get damages. Speaking for myself;;.......;.andalso fdr Judge LoVE,.:-r do, :not Qelieve thll:t is the true doctrine' on this subject. are, BQme particuJar: circumstances showing that the use of thIs patenteda,rti<l1e was an experiment to see whetheritcould be used qess(uU.y iQtbiscountry; and, under all the circumstances, we are disinclined to':'.Jnake any mpdification of the,motion to _dlve.the'injunction, d.iasolve h absolutely. .1
Tu,E
GULF'STREAM.·
THE KNIGHT.
;bLAJm& ,
SEABOARD COASTING CO. "'. THE GULF STREAM. i '
(DIstrict Oowrt,
S. D. Nl'JW York. pctober ,.,
,",
iaoo.) ,'r9 STOt' AND BACK.'
The ,G. 8."on a coUl'86cof S. by W., made botb Qolored lights of the , :It. half a point l>Dher starboard bow., ISba thereupon starboarded,an'd ran until Jlhe shutout the redlight, but soon after f.t reappeared, when the G.' S. 'Ilard but co)lision occurred soon after: anyti!De slackened Speed. Held. that the vessels were on crossmgcourses,and, under of the collision rules, it was the duty of the G. S. to keep 'outi-of the way, aud' nlthe K. to hold her course. Th,e;latter's swing to starboard Wall therefore a .faul.t, tributing to the collision; and, as the reappearance of the reA lights of the K. have sp-own ,to the G. S. that thete was danger of oollision' by the starbOlird'swing ,of theK.1 itwas t,he duty oftheG,. S.thereupon. under al'tiole18, to stop and back;;" and for liar failure 80 to do she also was'iri fault. The damages were therefore divided., " ..' , ,
iSteaJn-Sbip G. S. abOut half a point off' her·own \>Ort bOw, alid thereupon' ported her
' The'steam-ship K ·· on. course of N. E. by N;,
CJwSSING-CRANGE, OF
N., Jnade the green light of the
·
. In Adrnlraltr. Snit for damages QooaslPp.ed Bteatn-sHip'sGulfStream and eJrdy; forJibelitlits. '.
by. oollision
" , ", , ..,,'
,
'
;;ii!
lBepol1e4 bl Edward G. Benediot, Esq., of the New York bar.
FEDERAL REPORTER,
vol. 43.
l.L:B,ROWNj
J. In this case the two steamers were going in netl.rly'6pposite,
therefrom by not more than three-fourths ofa point, thelCnightgQingN.E.by.N., tN.; the Gulf Stream S.by W.,! W. The vesse1s.Il1Q.Qe. each..other's lights when several miles tlistant. The J{night made. the green light of the Gulf Stream about half a poiht off her own port how,and ported her helm, and she did not see the red light of the GUlf.Streamat all. The GUlfStreanl'firstsaw, about half a p.oint 011 her starboard bow, both colored lights of the Knight. She theh changed her course one point to port, and ran Some distance until she shut out tbered·ligbt for a short time; but-soon after the red light along :with the green; when she hard a.starboarded, IHid theeoUision occurred shortly after. The Knight was all the time portirig ller wheel,until:at theeollision she headed about E. by·N.· When she pQrte<l,she gave a iltignalof one whistle, which . was not heard by the Gulf Neither vessel stopped, nor even slowed herengine. Under 15 of the new rules of navigation, these vessels 'were on croSsing CCll\ilrses; as respectR the Knight, because she saw only the other's greep. light; and as· respects Gulf Stream, because the two colored lights were not seen @ead, but from' half a point to It point and a half on her own starboard bow. for a considerable time before'liny risk of colliaion· so that she showed to the Knight only her own By.articles 16 and 22,.. therefore, it Wfis the'duty of the Gult Stream to keep out of the way, and of the keep her course. The Knight disobeyed this rule by porting. This manifestly contributed to bring about the collision, and she is, on that ground, in fault. It seems to me equally clear that the Gulf Stream was also in fault in not observing the eighteelithartie1e, .which, under the above circumstances,required her to slacken" speed or to stop and reverse when they approached near each other. The Gulf Stream, when at a considerable course pne point to port, 90 aB"to bring the Knight about a point and a half on. her starboarci. pow. As the vessels approached each other, and tHe Knight had broadened off considerably upou"the,starboard bow, . showed to Gulf Stream her red light;,.lllJ 'well as her. green light as before. This .wastbe clearest possible evidence that a collision threatened the failure of the Knight. to bercourse, and. that she was endeavoring to cross The 'officer in charge understood it. the bowofithe It was bis. a.pty, und,et !>qch circumstances, by article 18, to stop and back. .There was ample opportunity to avoid collision by doing this after the <19Ul'se,'Qfthe Knight was evident, as is shown both by the direct testimony, and by the further swing of three.to four ,points by the Gulf Stream before collision. Instead of observing this duty, the Gulf Stream.put berhelm harda7starbo.ard, and continued on with ullub;:t.ted speed vessels sffflck. must therefore Qe held in fault, (The JifriRia, 28 Fed. Rep. 249; TIle Khedive, L. R.5. App. The Beryl, 9 Prob. Div. 137, 142; The A:ure:mia, 29. Fed. Rep. 124,)8Jld the damages and costs divided.
so
