A 40 FEDERAL imronrim.
be taken out by the heating, but on testing we found that they were im-
proved by the heating. although they had not been dipped in the oil. This
led us to experiment, and we heated a lot of soft springs until they were
blue, and let them cool off without any hath, and found that they were im-
proved. After this we tempered many of our springs in this way. Some-
. times, when the wire was very soft, we put them in the oil mixtures, but
generally we left them to cool in the air. This we practiced frequently be-
fore the year 1870. I think we began it in 1868, and I ain sure it was be-
fore 1870. We have continued to practice it ever since on springs requiring
tempering. "
It does not appear that such testimony of the prior discovery, knowl-
edge, and use of the invention was brought to the notice of either of
the learned judges who granted the injunction in the other cases. I
do not say that it is conclusive. A cross·examination may throw a
different light on the matter. But it is certainly of a character to sug-
gest grave doubts whether Cary was in fact the original and first dis·
coverer of the benencial results which followed the application of
spring-temper heat to springs, whose value so largely depends upon
· their elasticity and strength. I do not think that I should have seen
my way clear to allow the preliminary injunctions in the present case
if it had been presented on the original motion; and the rule is a
good one, that the evidence which would prevent the issuing of an
injunction ought to be regarded as suifcient to dissolve one already
granted.
. The injunction must be dissolved until the nnal hearing.
THE PLYMOUTH BOOK.
Tnm Gnonon H. Dmzrz.
Pmuusrnvnzra B. Co. v. Tnn Pmiviourn Booz and Tim Gmonen H.
Dmnrz.
(Diairict Oourt, S. 1). New York. November 12, 1885.)
1. Co1.r.1s1oN——Hnr.L GATE—INSPECTORB’ Runes.
The large steamer P. R., having the steam-tug G. H. D. and a. tow ahead of
her and on her starboard side, exchanged signa s of two whistles, bylwhioh it
was understood that the P. R. should pass the tug in going through ell Gate.
Held, that this being a violation of the inspectors rule 9, which required the
P. R. to drop astern in that situation, both vessels were culpable for the vio·
lation of the rule; and, the violation not appearing to be immaterial, both
were held in fault on that ground for the collision that ensued s little above
Flood rock.
2. SAME-Srorrme Ann Bncxme. _
` Held, further, that the tug was also in fault for going in the middle or to
the left of the middle of the stream after such signals, instead of keeping
on the right-hand side, as she mighthave done, to give thc P. R. more room;