Pray

This was a suit for infringement of letters patent and for an accounting. On the original hearing the court below granted an interlocutory injunction and ordered the accounting as prayed. The decision was based largely on admissions contained in answers to interrogatories propounded by the plaintiff. Later, on petition for rehearing, the court vacated the interlocutory decree and permitted the defendants to file an amended answer, setting up noninfringement as-a defense, and relieving them from the prejudicial admissions contained in the answers to the interrogatories on file. This ruling was based upon the ground that the admissions in question were made through inadvertence and mistake. The complaint was thereafter dismissed and the plaintiff has appealed. While the assignments of error are numerous, the principal contentions are that the court below erred in granting the rehearing and in dismissing the complaint on the ground of noninfringement. The granting of a 'rehearing within the time allowed by law rests entirely within the discretion of the trial court, and no abuse of discretion is here shown.

The patented device is a fife escape covered by letters pat'ent No.…