Page:Federal Reporter, 1st Series, Volume 7.djvu/932

 920 FEDERAL REPORTER. ADAIB ». ThAYEB. {Gireuit Court, 8. D. New York. March 29, 1881.) 1. RE-IsatTE No. 6,964— Impbovbment in Pumps — Motion to Re-Open Catjsb — Nbwlt-Discovbrbd Dbfbncb. Before a motion to re-open a cause, and admit a newly-discovered defence, after a final hearing, will be granted, it must be clear that such defence, if it had been made at the flnal hearing, would liave heen effectuai. Buerk v. Imhauser, 10 O. Q. 907. Be Florez v. R&ynolds, 16 Blatclif . 408 The pumping device described in English letterg patent ifo. 11,473, granted Thomas (Jraddock, December 3, 1846, for improvements in Bteam-engines, boilers, and machinery oonneoted therewith, hdd, not sufflciently similar to complainfint's or def endaat's devicea to warrant the court to re-open the cause. In Equity. WttEELEB, D. J. This cause has now, after final hearing and decree for an injunction and an account for an infringe- ment of a patent for a pump,* been heard upon a motion to re-open the case and admit newly-discovered defences. The motion is founded upon English letters patent No. 11,473, granted December 3, 1846, to Thomas Craddock, for improvements in steam-enginea and boilers, and machinery connected therewith, including, among many other things, a pump. The pump there patented does not appear to be suffi- ciently like either the orator's patented pump or defendant's pump, adjudged to be an infringement, to warrant granting the motion, under the rule laid down in Buerk v. Imhauser, 10 0. G. 907, and De Florez v. Raynolls, 16 Blatchf. 408. It is essentially a double-aeting exhausting air-pump, for a low- pressure steam-engine, and not a lifting water pump, and is so described. Its inlet and all of its valves are at the top of its piston cylinder, and, as shown in one form by the draw- ings, the valves are beneath an open cistern, which isflooded with water that will prime the working parts when water is drawn, and through which the valves and piston are readily accessible for removing obstructions and making repairs, as
 * See 4 Fbd. Rbp. 441.