Page:Federal Reporter, 1st Series, Volume 9.djvu/218

 BLA7HERWICE V. OABET. 203 �extent that the projection beyond the hoof would be at least three- fourths of an inch in an average full-sized shoe,and the outside periph- ery or rim of the shoe is carried back from the point of the projection nearly in a straight line to the beginning of the hind quarter — that is,to the point where the hoof begins to curve in tovards the heel; and when a toe calk is used, it is to be looated upon the corner or angle thus pro- jected from the inner fore quarter— that is, considerably to one side of "the shoe, and coming to or nearly to the outer edge thereof. In other words, the apparent purpose of this device is to practically change the location of the horse's toe from the point of the hoof to this projection inside of the natural toe or forward point of the hoof. The object of the device, and its mode of operation, are quite clearly described by Mr. Powers, complainant's expert^ who says : �" The patent shœ is carried forward on its inner side, from the widest part of the foot, in nearly a straight line to and even with the front of the foot, and this forward extension, when the foot tips forward upon the toe in the act of moving, continues the longest in contact with the ground, or leaves the ground last. The effect of this construction and motion is to cause the foot, in its forward progress, to swing or tumble upon this extended point outward, and, to a certain extent, removing the passing foot and leg of the horse from the other leg standing on the ground, thus preventing the mov- ing foot from hitting the opposite stationary one. Each opposite foot, being provided with one of these shoes, in turn tumbles out on this point of the shoe, and thus escapes the other, or does not interfere." �The only questions made in the defence which I deem it necessary to consider are: (1) The construction to be given this patent; (2) whether defendants infringe. The proof shows, and it was admit- ted on the argument to be true, that horseshoes to prevent inter- fering had been made and used, long prior to thg time when Blather- wick daims to have made this invention, where the iiiner fore quarter was curved or bent much more sharply than the natural curve of the hoof, and the toe calk placed upon this sharp curve or angle so that the bearing of the toe was upon this calk nearly in a line with the inside bar of the shoe. This is clearly shown by the testimony of John Palmer, A. W. Eedner, Thomas Leggett, Michael McNurney, John Trainor, Thomas Cody, and others. Indeed, it may be taken as a proven and an admitted fact in this case that horseshoes, for tho purpose of preventing interfering, had' been made and used before complainant entered the field, Wheh an attempt, at least, had been made to change the bearing of the toe to a point inside of the natural toe or tip of the hoof. �This inventer did more than this, and made a new and artificial ��� �