Stanley Matthews

“ It is true, as suggested by counsel for the appellant, that a crossing of railroad tracks is a very different device from a switch, where the latter is used by means of a frog to shift the engine and train from one line of tracks to another; but the use of channel irons is analogous in the two cases, and it would require no more than ordinary mechanical skill to transfer the channel irons used upon a crossing to firmly hold the parts in place to a similar use in a frog to unite firmly, in their respective positions, the center rails with the exterior rails. ”

“ The patentee, by this mode of description and of claim, has made the center rails formed and connected in the manner described to make up the V-shaped point an essential part of the invention intended to be secured by the second claim. An argument against this construction, made by the counsel for the appellant, is based upon the language of the third claim. ”