Page:Federal Reporter, 1st Series, Volume 7.djvu/491

 BEICKILL V. THE UATOB, BTCi, OF NEW YOBK. 4T9 �BaiciiLii and others v. Tas Matori, Etc., of iteB City op �New YoSk. [■/ �(Circuit Court. 8. D. New York. July 2, 1880.) J. Patent No. 81,132— Fbbd Wateb Hbatbkb fob Stbam Pirb-Ek. �GINBS — iNPHrNGBMBNT — ValIDITY. �Letters patent No. 81,132, granted to Williani A. Brickill, August 18, 1868, for improvement in f eed water heaters for Bteam flre-engines, Jidd, valid, a,ua. infrUiged. : ■ �2. 8A3IE— SAMB— WVBNTION— TJTILITT— PaTENTABILITY. �Complainant'g combination consisting of an apparatus for heating water, circulating through coils of pipe, to be connected, by twp readily-detachable tubes, with the boiler of a steam flre-engine, and also with a tank, so that wlien the engine is not on duty the hot water will circulate through the boiler and keep the engine ready for im- mediate use, and through the tank, keeping the heating apparatus iu order when the engine is away, hdd, to involve invention, and as it possessed utility was therefore patentable. �8. Sbction 7, Patent Act of 1839, Construbd— Use Phiob to Appli- cation FOB Patent. �The clause of the act of 1839 which provides that every person and corporation may use, and vend to others to be U8ed,.any ajieo^ mo- ehine, manufacture, or composition of matter which they have pur- chased or constructed prior to the application for a patent, Aeld, restricted in the case of patenta for substantiv* things to the use of the particular thing bought or made, and not to a general use of the invention. �Fierson v. Eagle Sereie Co. 3 Btory, 402, 408. �McOhi/rg v. Kingsland, 1 How. 202, distinguished. �4. Act of 1870— Jubisbiction. �The act of 1870 may govem rights under patents issued prior thereto, if the efCect would not be to take away rights already secured under such patents. �B. Infbimgbmbiit — Agenct. �A city will be held responsible for infringements by ita flre depart» ment, though separately incorporated. �6. Same— ExTENT— Intbbloctjtobt Dbceeb �The estent of infringement showu la immateilal for the purposs of an interlocutory decree. �In Equity. �James A. Hvdson, for complainanta. �Mrederic H. Betts, ioi aeiend&nta. ��� �