Page:Federal Reporter, 1st Series, Volume 8.djvu/60

<i6 r FEDERAL BZPOBTEB. �«. SAME-f^KlGHT OF LiCBITSOll TO BAISH QUBiBTIOir O» POWBB OF LlOBNBBB TO �Opebate Otheb KoAps. -, One who grants to a railroad cOmpany a license to use a patented invention on raads " that may hereafter be owned or operated by said company," cannot subsequently, upon a bill to restrain the company f rom the use of the inven- tion, call in question the legal right of the company to operate other roads. �Hearing on Bill and Plea. - Tihe bill was filed to restrain the use of the invention embraced in letters patent No. 22,439, issued to complainant for an improvement in locomotive axle bearings. The bill admitted the purchase by defendaule, in 1861, of a license to use siaid invention, but alleged that defendants had used it in locomotives acquired since the date of the license, and under chartered rights and privileges acquired since that date as lessee of several railroads not contemplated or embraced in said license. Defendants filed a plea, setting up the license re- fei^red to, the material part .of whjch was as follbws: �. VThePennsylvaniaPailroadComp^^jy.is * * * hereby authorized and licensed tp make and use all of said improvements and inventions se patented as aforesaid, for .^nd durihg tiie several tenus of the patents, and any exten- sion of either 6i the saB&e, in, tipon, aM about the locoinotive engines used by the said The Peftnsylvania Birilroad Company, on the Pennsylvania Eailroad, or any road or roads now owcpdi or that may hereafter be owned or operated by the^ said company." ,j �Complainant clainfied that the license erobraced only locomotives in use at it^ date, and, furti|er, that defendants had no legal right to operate, th^pther roads on which it was using the invention. ^ WUliam W.H^bbel^iot oom^l&inaut, �Andrew McCallum and David W. Sellera, for respondents. �Butler, D. J. The license pleaded covers the use complained of. The terms : "Upon and about the locomotive engines used by the said The Pennsylvania Eailroad Company, on the Pennsylvania Eailroad, or any road or roads now owned, or that may hereafter be owned or op|r^ted .by said company," are of the broadest signifi- cation, and very piainly embrace, not only locomotive engines in use at the date of the license, upon roads then owned or operated by the company, but also such other engines as it may thereafter use, and other roads which it may thereafter operate. The contracted inter- pretation claimed by the plaintiff, is not justified byany rule of con- struction,., or any special' eircUrdstanees appearing in the case;^-Nor can the plaintiff call in question, the defeudant's right to operate the roads on which the engines are employed. ' The license was intended tr. cover all use which the. def ^n<iant might, at lapy time, have for the ��� �