Page:Federal Reporter, 1st Series, Volume 3.djvu/809

802 FBibEBÀIi BBSFOBTEBj �to be a piece of the clothing made before Marcb, 1875, îs produced. We see no reason to doubt the truth of this tes- timony. The plaintif argues that the fact might have been more fully prored. It might, also, have been easily disproved if not true. The whole matter is near in both place and time. We think the defendants have snstained the burden, in the absence of contradiction, of proving that card clothing, like the Exhibit Howard 2, was made before the plaintiff discov- flred the process. �The exhibit differa from the clothing made under the plain- tiff's patent in this, that instead of turning the piece of leather round, the operator has tnrned it over, so that the teeth now come eut at the flesh side, instead of the grain side of the leather. In the plaintiff's opinion, this mode of maûufacture is not so good as his; but it seems to have ■worked well, and, if we omit from his claim the gum traga- canth, which the defendants do not now use, and which the complainant insists is not essential to his claim, this exhibit clearly anticipates it, because it utilizes old card clothing by resettiug it with teeth reversely to the original teeth. The plaintiff and one of his witnesses say that the teeth in this exhibit appear to be set in the same direction as before ; but their cross-examination, and our eyesight, have contradicted them in this particular. �Decree for defendants. ���Pyman and others v. Von Singen and others. �[District Court, D. Maryland. September 7, 1880.) �1. Sbawokthiness — Peesumption.— It is an ordinary presumption that �a ship is seaworthy and lier machinery in good order when alie under- takes a voyage. �2. Same — Same — Rbbuttal. — This presumption is not rebutted, where it �is shown that a ship not two years old, and carrying ballast only, •was disabled within 36 hours after leaving port, by the loosening of the bolts of the propeller's shaft, from the racing of the propeller during a gale, although there was no testimony that the liolts were specially examined just previous to starting. ����