Page:Federal Reporter, 1st Series, Volume 6.djvu/297

EMIGH V. B. & O. E. CO. 285 �been filed by the defendant to the master's findings of gains and profits, and assessment of damages. �The defendant contends that the testimony does not show that aiiy advantage whatever accrued to it from the use of the Stevens brake, and further contends that if there was any advantage in its use there is no testimony in the record from which the master was authorized to adopt $30 per car per year as the money value of such advantage. The defendant also exeepts to the master's finding of damages, contending that there is no evidence that any license fee was ever estab- lished. �The master reports that it was conceded before him that the brake with which the "Stevens" brake is to be contrasted in ail these cases is the brake known as the "Hodge" brake, 80 that the question before the master as to gains and profits, and now in controversy before the court, is, "what savings or advantage, if any, did the defendant derive from the use of the ' Stevens ' brake, for the period covered by that patent, above what it would have derived from the like use of the 'Hodge' brake during said period?" Mowry v. Whitney, 14 Wall. 620. The "Stevens" brake is claimed by the inventor to be superior to the "Hodge" brake, for the reason that by its arrangement of levers the force applied is so distrib- uted that it exerts a uniform pressure on each wheel of both trueks. In the "Hodge" brake the force applied is distributed unequally, the two pairs of wheels at the ends of the car re- ceiving a much greater pressure than the two pairs of inside wheels. �As the object is to have the brakes apply as much retard- ing pressure upon every wheel as it will bear without eeasing to revolve and beginning to slide, it would seem to follow that where the pressure is distributed equally upon every wheel it must be possible to apply a greater average of pressure, with- out sliding any wheel, than could be possible where the press- ure is distributed unequally, for the reason that the brake- man must always desist from increasing the pressure before the wheel receiving the greatest pressure ceases to revolve; and with the "Hodge" brake, therefore, he must desist before ��� �