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19 F. Cas. 97

Peek v. Frame

U.S. District Court

Decided October 26, 1871

U.S. District Court · decided 1871-10-26

[Motion for increase of damages in an action at law. [Suit brought upon letters patent .for an “improved machine for sawing thin boards,” etc., granted to John Myers and Robert G. Eunson, May 23, 1854 [No. 10,905] and extended for seven years from May 23, 1868. The plaintiffs [Eben Peek and -Gilbert J. Bogert] were the owners of the patent for that part of the city of New York lying west of Broadway and Eighth avenue.

Decided 1871-10-26

WOODRUFF, Circuit Judge.

¶1I regarded the conduct of the defendants, as disclosed on the trial, as peculiarly aggravated, and find no reason for changing my opinion. The damages ought to be increased by a sum sufficient to cover the expenses of the trial, and something more, for the time and trouble of .the plaintiffs. Let the damages be increased to $7,500.

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