Samuel Blatchford

Name: Hurlbut v. Schillinger — Opinion of the Court
Author: Samuel Blatchford

Hurlbut v. Schillinger — Opinion of the Court

Summary

“Hurlbut v. Schillinger — Opinion of the Court”, is a work by Samuel Blatchford. It explores elements such as pavement, blocks and Schillinger.

Quotes from Hurlbut v. Schillinger — Opinion of the Court (Samuel Blatchford)

Samuel Blatchford, Hurlbut v. Schillinger — Opinion of the Court

“ To limit the patent to the permanent interposition of a material equivalent to tar paper would limit the actual invention. The use of a bottom layer of coarse cement, and placing on it a course of fine cement, and dividing the upper course into blocks by a trowel run partially or wholly through the upper course while it is plastic, in a line coincident with the joints between the sections in the lower layer, accomplishes the substantial results of Schillinger's invention, in substantially the way devised by him, and is within the patent as it stands after the disclaimer. ”

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Source: Wikisource

Samuel Blatchford, Hurlbut v. Schillinger — Opinion of the Court

“ As to the amount of the decree, we think the court properly awarded the sum of four cents per square foot as the profits of the defendant, and that it was right to give to the plaintiff the entire profits made by the defendant by the laying by him of this concrete flagging, in view of the testimony in the case. It clearly appears that the defendant's concrete flagging derived its entire value from the use of the plaintiff's invention, and that, if it had not been laid in that way, it would not have been laid at all. ”

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Source: Wikisource

Samuel Blatchford, Hurlbut v. Schillinger — Opinion of the Court

“ We are of opinion that the proper construction of the reissued patent is that the invention consists in dividng the pavement into blocks, so that one block can be removed and repaired without injury to the rest of the pavement; the division being effected by either a permanent or a temporary interposition of something between the blocks. Concrete pavement had been laid before in sections, without being divided into blocks. The effect of the disclaimer was to leave the patent to be one for a pavement wherein the blocks are formed by interposing some separating material between them. ”

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Source: Wikisource

Samuel Blatchford, Hurlbut v. Schillinger — Opinion of the Court

“ While the mass is plastic I lay or spread the same upon the foundation or bed of the pavement, either in moulds or between movable joists of the proper thickness, so as to form the edges of the concrete blocks, a, a, etc. When the block, a, has been formed, I take strips of tar papor, b, of a width equal, or amost equal, to the height of the block, and place them up against the edges of the block in such a manner that they form the joints between such block and the adjacent blocks. ”

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Source: Wikisource

Samuel Blatchford, Hurlbut v. Schillinger — Opinion of the Court

“ In this space a mortar composed of sand, gravel, and cement is put, and thoroughly tamped, so that the coarse material will be from three to four inches in thickness, leaving about one-half inch on top for a mortar composed of sand and cement, which is troweled off and made even with the top surface of the joists. Then the short joist that is put in at right angles, as before described, is taken up, and placed about the same distance as before, and again filled in. The finer material in the coarse concrete is generally worked next to the joist, so as to make a good, smooth, strong edge. ”

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Source: Wikisource

Samuel Blatchford, Hurlbut v. Schillinger — Opinion of the Court

“ It further appears that, in the Van Camp patent, when the blocks are made in moulds, they are like bricks, or artificial stones, or wooden blocks, which are prepared, and then brought to the place where they are to be laid, and put down in the usual manner; and that, when the blocks remain in the moulds, and are thus laid, they do not present a uniform wearing surface of concrete, or constitute a concrete pavement formed in detachable blocks by joints. ”

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Source: Wikisource

Samuel Blatchford, Hurlbut v. Schillinger — Opinion of the Court

“ With the joints of this sectional concrete pavement are combined strips of tar paper, or equivalent material, arranged between the several blocks or sections in such a manner as to produce a suitable tight joint, and yet allow the blocks to be raised separately without affecting the blocks adjacent thereto.
'In carrying out my invention I form the concrete by mixing cement with sand and gravel or other suitable material, to form a plastic compound, using about the following proportions: One part, by measure, of cement ”

Samuel Blatchford

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