Page:Federal Reporter, 1st Series, Volume 9.djvu/124

 THE PANGUSSETT. 1-09 �difference of itself is suflScierit to make the plaintiff's macliine more useful when in actual and frequent operation, inasmuch as the only difference between the machines lies in the bed, the conclusion must follow that the substitution of the defendants' bed in place of the plaintiff's bed was more than a mere colorable change of form. �My opinion, therefore, is that none of the eombinations claimed in the plaintiff's patent are to be found in the defendants' machine, and that the defendant cannot bo held to have infringed the plain- tiff's patent by the manufacture and sale of the lemon squeezer de- Bcribed in the bill. �The bill is accordingly dismissed, and with costs. ���The PANGt[SSETT. �The Yankee DoodijB. �(DisU-id Court, 8. D. Neub York. M^ 31, 1881.) �Abmibaltt — Ckoss-Libbm— Collision — Two Sail-Vessels ok CBOSsma GotTBSBS, Onb with Wind on Poet Bide-^Setbnteenih .BuiiE— Lookopt— DuTY OF Officbb of Deck — TwENiT-FoTTBTH Rulbt-Keepino • Coursb �TJNDER SeVIiNTBENTH RuLB— CHANaiNG COURSB BEFOBB COLLISION.- �Where the schooners P. and Y. D. collided below Barnegat light, oflf the Jersey coast, about half past 6 a. m., April 6, 1878, the former striking the lat- ter on the starboard side, staving il in, and causing the loss of hermainnaast, ■while the P. had her bowsprit broken, and was otherwise injured, and thie T. D. claimed that when she sighted the P., while she was lieading; 8. W.j^the wind being W. by N., she flrst saw her green light half a point on her port bow, and Oiereupon lufled to 8. W. by W., which course she steadily kept to let the P. pa«8 on her port side, but the other's green light drew across her bow, and kept on till it appeared on her starboard bow, whereupon, the vessels being by thig time quite near, she kept off to let the P. pass on that side, but both the P.'s lights then appeared, when, by keeping off, she had brought the P. about abeam, showing that the P. had also kept off, and was heading directly for her, and the P. af ter thus keeping ofl lufEed just before the collision in order to go under the stem of the Y. D.; and the P. claimed that she flrst saw the other's red light about a mile distant, half a point on her port bow ; that this light broadened on her port although the P. had ported a point and a half , changing her course to N. E., but that both lights of the Y. D. then appeared two to three points oS her port bow, showing that she was heading towards the P., when the P. put her tiller hard a-port and so held it until the collision: �Hdd, on the evidence, that the Y. D. flrst saw the other's green light on her port bow when she luffed to N. W. by N., and kept steadily on that course until the P.'s green light appeared on her starboard bow, and therefore that the P. could not have made and held the red light of the other on her port bow, as she claims, but that she must have had the Y. D. on her starboard bow. �That the appearance of the Y. D.'s two lights on the P.'s port bow indicated, or should have indicated, to the latter that she was crossing the course of the ��� �