STAR SALT CASTER CO. V. ALDEN.
one can acquire any of the information conveyed by the other. It is difficult, therefore, to see upon what ground it can be held that one is a copy of the other. The real matter of the plaintiff's complaint is, not that the defendant has copied his card,-that would occasion him no loss, but the contrary, for it would a gratuitous advertisement of his paints,but that the defendant, in advertising his wares, has adopted the same method pursued by him in advertising his wares, his claim amounts in substance to claiming the exclusive right to employ that method in advertising. Such a right cannot, in my opinion, be acquired under the copyright laws. The bill must be dismissed, with costs.
STAR SALT CASTER
(Circuit Court, D. Massachusetts. February 23, 1882.)
A patent for an improvement On a prior invention infringed by an improvement on a later patent if it contains the distinguishing charllcteristic of thIJ prior invention.
In Equity. F. P. Fish, for complainants. T. E. Barry, for defendant. LOWELL, C. J. The plaintiffs own the Richardson patent, No. 71,643, for an improved salt bottle. The defendant makes a bottle under the later patent of White, No. 198,554. No evidence has been produced to impeach the validity of the Richardson patent as an improvement upon the salt bottles in use at its date. They were Crossman's and Beach's; and Richardson improved on the former, and the defendant on the latter. Both appear to be patentable improvements, but that of the defendant contains the distinguishing characteristic of Richardson's, which is a movement of the pulverizer up and down when the bottle is used in the ordinary way. Decree for complainants.
(District (Jourt, E. D. Virginia.
January 31, 1882.'
AmIIRALTY PRACTICE-CONFLICTING TESTIMONY.
Where the testimony of the libellant and the ship's officers conflicts, and one of the officers of the ship is not examined on the points in dispute, that circumgoes to the discredit of the ship's officers. 2.
SAME-TESTIMONY OF EXPERIENCED PORTS OF SIGNAL SERVICE. MARINERS, GRADE OF-WEATHER RE-
The test.imony of experienced mariners, of approved credibility, as to the character of the weather, and the practical effect of the wind lind ocean swell, or other such facts occurring at sea under their own observation, is a higher and more reliable grode of evidence than the weather reports of the signal service from ohservations taken on land, and will be preferred by the court in passing npon such facts. 3.
S.o\.l,VAGE-EI.EMENTS OF AMOUNT AWARDED.
The amount awarded ail salvage comprises two elements, viz., adequate
remuneration given by way of compensation according to the circumstances of each case; and a bounty given to the salvor for the purpose of encouraging
similar exertions in future cases. The relative amounts of each of these elements given depend on the special facts and merits of each case. 4.
S.UIE-INGREDlEN'l'S OY,' SERVICE.
In additiun to the six main ingredients of which a salvage service is composed, as announced in the case of The BlackwaU, 10 Wall. 1, the court will take into view, as an important consideration, the degree of success achieved, and the proportions of value lost and saved; and will award a higher proportion, even on large values, in cases where both ship and cargo are saved with substantially slight injury, than in cases where only the ship or only the cnrgo, or only portions of it, arc saved.
5. SAME-AWARD OF--WHAT INCLUDED IN ESTIMATE OF VALUE.
1.. ship on a voyage from Galveston to Liverpool was wrecked at the Virginia capes. Both ship and cargo were saved by salvors, and enabled to complete the voyage. One-half the gross freight to he earned on arriving at Liverpool was included by the court in estimating the value of the property saved.
SAME--ONE-]<'OURTH COMBINED VALUE OF VESSEL AND CARGO AND HALF OF Fl/EJGIlT AWARDED.
A steamer worth, with her cargo and freight, $200,000, was stranded on Cape Henry, within 100 yards of the shore, where the currents of the Chesapeake bay, encountering those of the ocean, are often very dangerous. Salvors, with a large force of vessels, wrecking apparatus, and men, after a week of hard and dangerous labor, in which the highest degree of skill was shown, succeeded in getting off both vessel and cargo so successfully as to allow them to proceed on their voyage after repairs to the ship. One-fourt,h of the combined value of the vessel and cargo, and of half the freight, was awarded as salvage.
11 Admiralty. S!w,rp cf: Hughes, for libellant. W,t.lkc ct Old, for rlspondents.