Page:Federal Reporter, 1st Series, Volume 4.djvu/239

 MAT. OAB-BBAEI! SHOB 00. V. O., L. A 5. B. CO. 22^5 �became worthless. To remedy this, a separate iron sole was provided and bolted to a piece of wood known as the shoe, and attached to the end of the beam. When the sole became worn it could then be unbolted, taken ofif, and reversed, or discarded, and a new sole be attached to the shoe without injury to the latter. One of these devices, taken from the Michigan Central Eailroad, was introduced as an exhibit under the name of the "Michigan Central Eailroad Shoe." �Plaintiff's invention was a new dëparture. In stating the nature of his improvement he says : "My invention relates to the construction of shoes or mbbers for car-wheels, and consists — Firstly, in constructing the shoe of two parts, in the peculiar manner described hereafter, so that the part in con- tact with the wheel can accommodate itself to the same. the bevelled peripheries of the wheels the lateral movement of the axles, as the wheels traverse curves of the traok, is such that ordinary shoes cannot fit aocurately at ail times. An- other evil attending the use of ordinary shoes or rubbers is that as the lateral movement of axles takes place an undue strain is imparted to the brake-beam. These difficulties are avoided by my invention, inasmuch as the sole, B, is permitted to have a lateral rocking motion on the shoe, and can at once accommodate itself to the bevel of the wheel, or to any variation caused in that bevel by the lateral movement of the axle." �His improvement, in brief, consists in having the sole loosely fitted to the shoe, so that, when pressed against the periphery of the wheel, the sole accommodates itself to the bevel of the wheel, however much or little it may be. The claîms of the patent are stated as follows : Firstly, the shoe, A, and the sole, B, both being constructed and adapted to each other substantially as described, so that the sole can have a lateral rocking movement on the shoe for the purpose speci- fied; secondly, the combination of the shoe. A, sole, B, devis, D, and boit. G, the whole being constructed and arranged sub- stantially as specified. �The device of the defendant, undoubtedly, resembles this in �v.4:,no.3— 15 ����
 * * * Even when the usual shoes are properly fitted to