George Shiras, Jr.

“ Whether the device in the Smith patent to prevent the water from dripping into the provision chamber, by the use of an imperforate ice rack, can be deemed an equivalent for the Hambrook deflector, we need not decide, because the evidence is clear that the refrigerators made by the defendant company do not have the Hambrook deflector, but the ice is carried on an imperforate plate of corrugated metal, through which no water can drip. ”

“ The appellant's expert, Dayton, on rebuttal, limited the Hambrook patent as follows:
'The Hambrook patent is not, broadly, for the idea or discovery that cold air is heavier than warm air, and will fall by its greater specific gravity, and thus cause the warm air which it displaces to rise; nor is it for the general location of an ice chamber above a provision chamber, by which the difference in specific gravity between the cold and warm air may induce a circulation ”

“ Yet appellant's expert witness, Dayton, in his analysis of the Smith patent admits-as, of course, he had to do-that it contained an uptake flue or passage at each end of the ice box, though he endeavors to distinguish them from the end passageways of Hambrook, in that the former do not discharge into the sides of the ice chamber at the top thereof, but are continued or prolonged through spaces in the cover, which meet and open at the middle of the lid, which results, as he contends, in a retardation of the air currents. ”