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N. D.
FebruarylO,189Q.)
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of service, and the, ret!lrn·day; there being no special facf;s alleged .. '.. ...·
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, In, Equity.
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On bill irifriqgement of letters patent. aridH. f9r complainant. ' Boilrl, for defendants. ,
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bill:iJ:l equity praying an injunQtionanp.,8.00 anddaIllages by reason of tqe infripgemeqt. of'patent October 1,1872, to for ,"aQ im in street railways. ": Defendants 4emu,r ,W the bill: on ..t1w does not, show. the a,courtot ,.face of t4epatent, which is made a part of the it is' ·. .;;-.'J:,'];J;e day:ofthe s1\me on on, the, 7th day ,JPq1;J.ity;r.u}e 17requiJ:es t0li-ppear whiQl;l made when., service .is. mllde, 20 days, be.. "J;ly excludit!g the the rethe praptiqe .of thisqo,tlrt in computiijg time fqr this t4,is propess wll:e !l!;3rve4 in time,tq require tb,e appeara,nce ofthe the 7th,ll,llY ot it,he patent was ,granted pn the ,Jstqar Qf;October, 1872( and Elxpiredorlthe 1st dlj,Y of October, 1889; "sQthat, had whE!!l, ,if tbeyhJLd duly served, not appeared, defaulted. ·In Root v. Railway 00., l05U. S.1$9; thli.t equityo:nly ,takes jurisdiction" in, suits for the infringe,9{ a, where the bplshowst,h,at part, of the complainant's JreJ.lle(Iy is tp.El right to an, 0,1" $oqle speciltl equitable relief, the foundation for which is laid in the bill. And in Clark v. Wooster,Hl} .p. 7, S.up.; Ct. Rqp. 217 ,the court t.hat jii no could the bill ought to c,,[jlPt the case :Il0W' in haclJ4 days of life when biU ,ViM JIQ, applica.t,ion Jor 'all injunction pendente lite was Pli.te,ll,th",d .the ,return-day of the process,. /lIld bewould have bElen 'entitled toa H the a,od As there, ill. nQspecial that all part of the remedy to .'Y4iAb, t,he"qomplaiIlltJ;l,t w,9,u1.4 ,be e11titled by reason of special factsal:no. jnjJlncti9D -w:ou1d, have been awar4e9; by, the ,If llllld 943CreEl proCOJifeaw· · ,fl'4\3:
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therefore comes clearly within<therul&in Rootv. Railway'Cd.', <atld the: bill must be dismissed for wllilt ,of jurisdiction." \ '. ,I, My conclusion upon the first point renders it unnecessary to consider' the question' as to the novelty of the device covered b): the patent.
THE KENILWOhTH. SPRECKLlilS et
aZ. 11.
THE KENILWORTH.
Sm..OWNERS' AND MERCHANTS' Tuo-BoAT CO. 11. SAME. SACRAMENTO TRANSP.
Co· .". SAME.
(D1.8trfct Court, N; D. Ca£Vomf.a. February 12, 1800.)
S.lLTAGB-AwA:lm....ErnNGUISH1llENT OF 1l'IRE. In ,the early morning. fire, from a burning warehouse was communicated to · wooden vessel and a steel ship fastened to the wharf, and, on attempting to run the latter into the stream, the tide took it along-side the former, and the two be-' by falling rigging. A steam-boat, built of and loaded with broom-corn, after spreading tarpaulins, and stationing a man with a hose on her deck, was attached to the steel ship, and drew both vesselil intO" the stream; Where they were separated by the tide, When the steel ship WB!i drawnlon the fiats. The steam-boat did not assist in putting, the fire out, which was done by tug-boats which arrived some hours afterwards froin a distant point. but, by' separating the vessels, prevented thtl,forepart of the ship taking fire. Tbetugs: M. and S\played on the after part of the ShIP, and, after the deck was cooled" down the hatches. The R. made fast to the forward part, where there was danger from' fioatipgwreckage, and, after extinguishing the fire on declt, attacked t,bat in the' between-decks; and her men incurred great danger in descending the liatch611 to extinguish fire in the cargo of wheat.' The M. had 100 feet of liose, the 'S:, 000 andt,he :EJ.'11,200, and played 5 streams" One hundred thousand dollars' property was saved. Held, that $14,500 should be awarded as salvage.-i4,500 to the steam-boat, 13,000 to the tugs M. and S.; and $7,000 to the tug It., " , ,', '
In Admiralty. On libel for salvage. WtilterO. Holme.s, for Sacramento Transp. Co. Edw. W. McGraw, for Ship-Owners' & Merchants'Tug-BoatCo. Andros Jilmnk, for Spreckles. . , OliarlaPage, for the Kenilworth and cargo. The salvors in cases saved property to the value of 8100,OOO,which would otherwise have been nearly, if not a total loss. Eal'lyin the morning Of August 26, 1889, a fire out in the Port Cos,tawarehouse, which S6011 spread to the adjoining lHiarf,' to which thewboden ship Hanowaurwas made fast. of herwa,s' the steel 'ship Kenilworth, also made fast to the wharf. Both of these caught fire from the burning wharf and warehouse. Tne'itlus'ter' of the Keriihvorth to move his' ve£sel· into the stream; 'the' iide,took her 81ong-side 11Ild against the Hanowaur. The falling rlgging' and spars entangled the two vessels,and it was found impossible