Identifier: govuscourtsca9briefs2194x (find matches)
Title: (Records and briefs of the United States Circuit Court of Appeals for the Ninth Circuit)
Year: 1891 (1890s)
Authors: United States. Court of Appeals (9th Circuit)
Subjects: Law reports, digests, etc Legal briefs
Publisher: (United States : s.n.)
Contributing Library: UC Hastings College of the Law
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ndants-appellees, is that the stopwhich governs upward movement of the elevator shall beactuated independently of any load and regardless ofwhether or not there be any load in the elevator. With respect to the law of mechanical operation which governs the functioning of the machine of the patent in suit—this law which sentenced such machine to eternal oblivion—the duly approved report of the Master says: The plaintiff and the patentee built but one machinecontaining a load-actuated upward movement stop bar.It had defects which in actual operation became obvi-ous. If the load was not of sufficient height to engagebar 67 by the time the rackbars had reached the endof their normal travel, or if the load was not properlydistributed on the lift, bar 67 would not operate andthe hoist mechanism would be subject to damage, dueto upward movement beyond the designed range, thuseither stripping the pinion or the rack teeth. (Tr. pp.62, 63.) The above quoted excerpt from the Masters report is
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6 V O DIBGBE Hov. 5,1889 414,380 A lumber carrier comprising (a) a FRAME, (b) LOAD LIFTING MEANS mounted therein, (c) MEANS FOR TRANSMITTING MOTION FROM A SOURCE OF POWER TO THE LOADLIFTING MEANS comprising aclutch that can be set in neutralposition or to cause the loadlifting means to move in eitherdirection, (d) MEANS FOR MANUALLY MOVING THE CLUTCH to operative position, (e) AUTOMATIC MEANS FOR MOVING THE CLUTCH to neutral position upon a move-ment of the load lifting means toa predetermined extent in eitherdirection» and (f) MEANS FOR BRAKING the transmitting means whenever the clutch is movedto neutral position. (NOTE: The above is Gerlingers Claim 4 in suit) 27 amply supported by the record, e. g., by the succinct answer of Mr. Grab appearing at Tr. p. 582, reading as follows: A. The load-controlled stop proved very ineffi-cient. We wrecked the lifting mechanism whenever noload was in the machine or if the load was of such shapeand size so as to fail to strike the load-controlle

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