SUPREME COURT

Dominion, Volume 8, Issue 2296, 2 November 1914, Page 9

SUPREME COURT

A MILKING-MACHINE CASE. Roserved decision was delivered on Saturday morning in a case, which had.; bean argued before a Full Bench of: the Supreme Court. ■ It had previously been before His Honour Mr. Justice Stringer in the Supreme Court at Auckland and Wellington. The: plaintiff was Alexander Gillies, of Victoria, dairyman, and' the defendants the Gane Milking. Machine Company, Ltd., carrying on business in as milting .machine manufacturers and vendors. Jfho allegation was that the Gillies .milking machine was-the first to which the air "principle of working had been applied., and that the patent had been infringed by the defendante. : ' ■ ' - At the hearing, Hie Honour the Chief Justice (Sir Robert Stout) and Their Honours Mr. Justice Stringer and Mr. Justice Sim occupied the bench. Sir ; John Findlay, E.G., with Mr. D. M. tfihdlay, appeared for the plaintiff, and Mr. C. P. Skerrett, K. 0., with Mr.' ■\V.. E., Moore, of Auckland, appeared for the defendants. ,' ■ Q'he plaintiff claimed ■ a writ-of- injunction to restrain: the defendants from infringing letters patent of his machine; the sum of £500 as" damages, or an inquiry as to the damages sus-' tained; tuat the defendants be ordered to' deliver to the plaintiff, to be destrojed, all jaieumatio milking' apparatus made by it in infringements or the said letters patent; and such further relief as the Court might direct. The defence' denied infringement of the patent and for a further defence contended that the reasonable requirements'of the public with respect to the patented articlehad ilot been "satisfied; In the opinion of His Honour the: Chief Justice, the plaintiff's claim was far too wide, and his patent,was there-' fore held to be invalid. Mr. Justice Sim read a judgment for himself and Mr. Justice Stringerj in''which their. Honours concurred' in the view oxpressed by the Chief Justice, .Judgment was accordingly given for the defendante, but, as the trial had been unduly prolonged, by -the , lengthy ' evidence called,\tlio defendants were only allowed half costs, based on the'following'scale.: .—Costs on the : highest scale as on a claim for £600, eleven extra days at 15 guineas per,day, 8 guineas a day for. second counsolj and witnesses' expenses and disbursements io be fixed by the Registrar.- : . ';■..