Page:Federal Reporter, 1st Series, Volume 3.djvu/42

 PANGBUKII V. NOEWEGIAN BARK GUNN. 85 �So ît clearly appeara that the patent was sustained for the reasonthat the corrugations were, under the patentee's claims, to be made by the use of dies, thus enabling the article to be construoted by machinery, so that it should become a new, article of manufacture. This is the special ground upon which the opinion proceeds in establishing the patentee's rights; and, therefore, I do not regard the case as one in which it is unqualifiedly held that a patent which merely cov- ers a staple having indentations of equal depths, and over the whole surface, is valid. The particular features of the pat- entee's invention, to which attention has been called, evidently controUed the decision of the case. �Without pursaing the case at bar further, I am of opinion that complainant's patent mast fall, because of the want of patentabUity of the device in question. ���Panobubn V. Thb Nobwegian Bark Gunn. �The Samb v. The Italian Babk Caemelita Eoooa. �CoNTi V. The Nobwegian Babk Gunn. ■ �{District Court, R 2). New York. May 28, 1880.) �Collision at Pbbir— Vessbls Adbift m a Btokm.— In the Hast river, at Brooklyn, during a squall, the bark Gunn attempted to make fast at a pier outside of a bark, the C. Rocca, which again was fast outside a ship, the Paulina. Before the rnoorings could be ail made fast the C. Rocca broke loose, and both she and the Gunn were driven against a canal-boat, the William Doran, lying further up in the alip, doing and receiving damage. Suit was brought in this district by the owner of the canal-boat to recover damages against both the other vessels ; and suit was also begun in the southern district of Kew York, by the owner of the 0. Rocca, to recover his damages against the Gunn, which, by consent, was tried with the other two actions in this court. Hdd, that the Gunn, having taken the risk of making fast at such a place in face of a storm, was responsible for damages caused by the accident to the other two vessels, and that the O. Rocca was not li^blo for damages caused to the canal-boat. �In Admiralty. ����