Page:Federal Reporter, 1st Series, Volume 5.djvu/86

 74 PEDEEAL BEPOBTEE. �a large number of railway companies in the United States to run the cars manufactured under their patent exelusively over their roads, and that to allow the defendant eompany to run its own cars over its road and those connected with it would induce other roads to do the same thing, in violation of their patent. We do not see how this fact, if it be true, ought to induce us to grant this motion upon the evidence presented. If the complainants have contracts with other railroad corporations for the use of their cars, the refusai of defendants to enter into a similar contract can in no way affect their validity. If it be urged that the use by the de- fendant of its own cars breaks the unity of the Pullman Sys- tem, the proof shows that it never was universal ; that many trunk lines of railway have not entered into the System ; and it does not appear to us to be shown to promise any such immediate and irreparable damage, if the defendant eompany does not so enter, as would warrant us in granting this pre- liminary injunction. �We decline to grant this motion, therefore, — First, because, upon the character of the evidence f urnished, we are not pre- pare;! to determine the extent or validity of complainants' patents or their infringement ; second, because there is, in our judgment, no case presented of such threatened immediate and irreparable damage as would warrant us in depriving the defendant, before final hearing, of the use of the cars it bas built; and, third, because, in the judgment of the court, whatever damages the complainants may suffer between the fiiing of this bill and a final decree can easily be ascertained upon reference, for which damages, when determined, the defendant eompany is abundantly responsible. ����