Parker v. Bamker

U.S. District Court

Decided October 15, 1855

U.S. District Court · decided 1855-10-15

Case Wo. 10,735. Patents — Pleading—Failure to Answer — Damages — Profits. 1. When no answer is made to an alleged infringement of a patent, the charge is admitted. 2. One-fourth of the proceeds being estimated as the profits of the mill, the damages were estimated at that amount. [For other cases involving this patent see note to Parker v. Hatfield, Case No. 10,736.]

Decided 1855-10-15

¶1This is an action for damages, by the plaintiff [Zebulon Parker, against Thomas Bamker], for the infringement of plaintiff’s patent, in using his percussion water wheel for mills, etc. No plea being filed, the charge in the declaration was admitted. A witness being sworn, proved the use of the wheel three months in the year; that 3,000 feet of plank would be sawed in a day, and he estimated one-fourth of the proceeds for the expense of the mill, one-fourth to keep the *1115mill in repair, one-fourth for the hire of a sawyer, and the other fourth for profit, which amounted, in five years, to the sum of $460, for which the jury found a verdict Judgment

[For other cases involving this patent see note to Parker v. Hatfield, Case No. 10,736.]Hr. Stanbery, for plaintiff.

¶2Several other cases were decided on the same, principle.