Page:Federal Reporter, 1st Series, Volume 2.djvu/658

 WIIiSET ». SHIP GBLESTIAIi EMPISB, 651 �what îs here ealled the steadying roUer, and there the cloth tension roller, in combination with the carrying roUer, as arranged to steady the cloth ; and the sixth is for the combi- nation of the flock sifter with the beaters. These are the only claims in question. The bar of the defendants is not the equivalent of the improvement of the plaintilï's cloth tension roller upon Sorel's stretcher ; and the use of it in the combi- nation mentioned, whieh is not itself new, is not an infringe- ment. The same is true of the fiook sifter of the sixth claim. As the patent and these claims must be construed to be npheld, the defendants are not shown to infringe either elaim. Let a decree be entered adjudging that the defendants do not infringe, and that the bill be dismissed, with costs. ���WiiiSET V. Thb Ship Celestial Empire and the Tuo-Boat �Seth Low. �{DiiMet Court, M. D. Neu York, ilay 26, 1880. �Admieamt— ITbguobnck. — ^A ship comlng np to a pler In the harbor of New York, in tow of a tug, was necessarily allowed to strike the sideof a schooner, lying at the pier, in swinging into her berth. The touching wasforeseen bythose on the schooner, as well as on the ship, and lenderg were put ont. The schooner's rail was broken in and her side badly dam- aged, and the ownerlibelled both the ship and her tug. EM, that the tug was not liable, but the ship was liable for negligence, in olacing her fender imcroperly, for the damage to the broken rail. �Benedict, Taft d Benedict, for libellant. �S. M. Parsans and Beebe, Wïlcox e Hohhs, for defendants. �Bekediot, D. J. There was no fault on the part of the tug Seth Low, and the libel must be dismissed as against that vessel, and wHh costs. �It was negligence on the part of the ship, when coming along-side the schooner, to permit a heavy fender to hang so that it caught upon the rail and not upon the huU of the ����