Page:Federal Reporter, 1st Series, Volume 5.djvu/936

 924 FEDERAL REPORTER. �validity of the Lockwood and Lynch patent, under which the articlea alleged to be infringements were manufactured. It is sufficient to say that I do not find in these articles the locking or hooking of the flaps whieh I have deemed an essen- tial quality or characteristic of the complainant's re-issue. The tongaes project, not laterally, but longitudinally, from their flap. They tuck but do not lock. The patentee, Heyl, asserted that he had diseovered something better than these longitudinal tongues or corners, and disclaimed them, directly in the original specifications, and inferentially in the re-issue. As a learned judge (Curtis) tersely remarked, in Byam v. Farr, 1 Curt. 264 : "Upon the soundest principles, a patentee must be held to be estopped from asserting a claim which is ex- pressly waived in the record." �The defendant not infringing, the complainant's bill is dis- missed, with costs. ���The Garland. �{District Court, E. D. Miehigan. February 21, 1881.) �1. Death — Damages. �Although by the common law, and apparently also by the civil law, no action will lie to recover damages ior tJie death of a human being, it seems that in admiralty a libel by a father, to recover for the loss of the services of his minor son, killed in a collision, will be sustained. �2. Samb — Collision— LiBEi, in Rem. �Where a statute confers upcm an adminîstrator the right to recover for a loss of life occasioned by the wrongful act, neglect, or default of another, if such loss of life is occasioned by a collision upon naviga- ble waters, the administrator may proceed by a libel in rem against the oiïending vesseL �In Admiralty. �The original libel in this case claimed damages for the loss of the services of two minor sons of the libellant, killed in a collision between the steamers Garland and Mamie, in the Detroit river, on the twenty-second of July last. The col- ����