Page:Federal Reporter, 1st Series, Volume 9.djvu/480

auebican ballast loa 00. of nbw xobe v. babnbs. 465 �American Ballast Log Co. of New York v. Baenes & Gatto. �(Oircuit Court, D. Maryland. December 3, 1881.) �1, Lettebs Patest— FLOATHia Bali<ast pob Vesbels m Port. �Letters patent Ko. 126,938, issued May 21, 1872, to Demartinl & Chertizza, for improved method of ballasting vessels in port by means of floatiag logs, to be attached to each side of the vessel, hdd, not infringed by the use of the de- viee for whlch letters patent No.2,32.435 were isaued September 21, 1880, to Bames & Gatto, consisting of a pontooa with two compartments afiSxed to one side of the vessel onljr. �In Equity. �Sebastian Brown and I. Nevitte Steele, for complainant. �W. Pinkney Whyte and John H. Bames, for defendants. �Before Bond and Mokeis, JJ. �Bt THE CoDBT. This bill of complaint ia filed for an alleged in- fringement of patent No. 126,938, granted May 21, 1872, to Demar- tini & Chertizza, for improvement in methods of ballasting vessels in port, whicb bas been assigned to the complainant. The patentees' specifications state that — �"Under the [then] present practice, when a vessel arrives in port and ctts- charges her cargo, ballast must be immediately taken in to prevent careening and consequent injury to berself and other craft, as well as to facilitate repairs and other operations incident to preparation for a new voyage. To avoid the loss of time and expense attending this course, we employ ballast logs, connected \rith the vessel by ropes or chains, that lie along-side thereof, and yet float in the water, as hereinafter described." �The specification then describes the logs as simple pieces of tim- ber, or several smaller sticks bolted to each other, made proportioned to the size and weight of the vossel, and, if necessary, weighted with lead or iron. �"The logs are in all cases designed to float or be self-sustaining in the wsr ter, and thus made capable of being towed from place to place or vessel to vessel. They are attached to a vessel by ropes or chains, fastened to the logs and passing over the deck, or around any suitable part of the frame-work, or otherwise secured, as f ound practicable or convenient. The logs are not in- tended to hold the vessel down in the water, but merely to act as counter or balance weights when she attempts to keel over from any cause, either when being towed or lying along-side a wharf; and it is evident the chains on one side will be taut only when those on the other are slack, and vice versa, — the tendency being to raise the log upon the rising side out of the water. The weight of the log will always prevent this being doue^ and consequently the resael will be held in an upright position." v.9.no.7— 30 ��� �