Page:Federal Reporter, 1st Series, Volume 7.djvu/474

 462 FBDEBAL BEPOBTEB. �teamster and that of a merchant. I think, however, that Ma case comeB fairly within the pcinciple of Cote's Cage, 2 Low. 374. I gave the subject then all the investigation which seemed necessary, and I remain of opinion that this law is very imperfect and limited in its scope. It does not require bankers, brokers, manufacturers, carriers; and miners to keep books of account, but only merchants and tradesmen. Most of the business of the United States is done by persons who are not -within the, requirement. My opinion in Cote's Case was approved by Dillon 3., Re Stickney, 5 Dill. 91. �I do not feel bound or authorized to apply this limited law to a teamster, who, even to a very considerable extent, bought and sold hay and str^w for the bona ^d«,purpose of keeping his teams from standing idle. �Petition for revision denied. ���Fenkinotom and others v. Ema. �{Oireuit Court, -O- Matsaehutetts. May 26, 1881.) �1. PaTEHT — AUTOJIATIC liAWN 8pRmKI.BR8— ASTICIPATION. �Sprinklers with radial snns, revolved automatically by the force of . water passing out through one and the sam^ side of each arm, and sprinklers having a seini-globular vessel, with radial ridges and per- forations on one side thereof, causing the vessel to revolve by the water passing through them, Md, not to anticipate a sprinkler having a rose or globe, with holes bored at an angle pf inclination, so as to produce a revolving tnotion by the f orcible discharge of water through theni. ' �2. Bamb — Impbovbmeiits with Patbnted Device— Infbengement. �The fact that the defendant holds a later patent for improvements will not license him to use the complaiQanta' patented combination with such improvements. The employment by the defendant of an upright tube in combination with the complainants' device, enabling him to have an upward jet of water, and the addition of a valve to shut ofl the water from the rose, so that the jet may be alone used, or both usea simultaneously, does not aflect the infriiigement. �3. Patent No. 20S,069, granted Pennington and Beggs, April 30, 1878, for �improvement in automatic lawn sprinklers. held, valid, �,:; In Bquity. . ��� �