Dallas Machine & Locomotive Works, Inc. V. Willamette-Hyster Co.
Opinion
Lead Opinion
Haney, J.
Appeal is taken from a decree in favor of appellees in a suit brought by appellant for infringement of a patent owned by it.
The suit was based on Gerlinger patent No. 1,457,025 issued May 29, 1923, on an application filed March 30, 1922, and covered a “straddle-type” truck. In general, such trucks, by a front or rear view, in shape resemble a square with the bottom or lowest horizontal side omitted. The upper horizontal side is framework in or on which is placed the engine, the parts connecting therewith, which provide locomotion and power to raise or lower the load, and the operator’s seat. The vertical sides are also framework, to which are attached the wheels and the means to which the power is applied in order to lift the load. In operation, the truck is driven over the load to be moved, such as a pile of lumber; lugs or projections are moved underneath the lo'ad so that the load rests thereon; power is applied to the lifting device to which the. lugs are attached, thereby raising the load. When locomotion is applied, the entire load is thus moved to the desired location, where the lifting device operates in reverse to discharge the load.