Music Trade Review
Issue: 1894 Vol. 18 N. 24 - Page 10
i6
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
L£GAU DECISIONS.
•'THE HIGHEST TYPE."
RAILROAD—LIMITING LIABILITY—TICKET.
The Supreme Court of Georgia held, in the
recent case of Phillips vs. Georgia Railroad &
Banking Company, that according to section
2,068 of the State code a common carrier cannot
limit his legal liabilities by any notice or entry
on tickets sold, and that without making an ex-
press contract with the passenger a railroad
company cannot, after selling a return ticket
and receiving pay therefor, exact of the passen-
ger as a condition for returning on the ticket
that he shall sign it, and that the signature
shall be attested by a given agent, who shall
stamp it, and that this is true although the
ticket delivered to the passenger be sold at a re-
duced price and limited as to time, and may in-
dicate on its face that it is to be signed, attested,
and stamped, and that it cannot be used unless
these requisitions be complied with.
STUCK
HANDS
Mechanically played musical instrument, No.
510,351, P. O. I/Ochmann.
Organ coupler and connection, No. 509,914,
Lehr & Diehl.
Music book or leaf turner, No. 510,801, F. W.
Kline.
Pneumatic action for pipe organs, No. 510,521,
F. F. Schoenstein.
Piano touch regulator, No. 510,729, H. A.
Tobelman.
HANUFACTUBED B7
WATER POWER—FLOODS—LIABILITY.
The Supreme Court of Georgia held, in the
case of The City Council of Augusta vs. Lom-
bard, that where a broad scheme of manufactur-
ing by the use of water power embraces the duty
on the part of the owner of the water to furnish
an adequate and continuous supply to numerous
separate and distinct manufacturing establish-
ments, and to keep the canal, its races and the
openings of such races in proper condition for
that purpose with reference to the ordinary
stages of water, anything in the way of remov-
ing obstructions to the free flow of the water
which is necessary or proper to be done in order
to perform these duties may be rightly done,
although the doing of it will render the canal
and one or more of its races more subject to
overflow in times of high and extraordinary
freshets, and one or more of the manufacturing
establishments may thereby be exposed to serious
damage on these extraordinary occasions, and
that no diligence on the part of the water owner
to anticipate and provide against extraordinary
floods is due to its patrons, except such as is
consistent with a right performance of the main,
constant and regular duties above referred to.
Mandolin, No. 510,335, A. C. Fairbanks.
171 AND 173 SO. CANAL STREET,
CHICAGO.
HERR W. MAAS, a practical piano maker and
writer, who was sent to the World's Fair by the
Metropolitan Government of Hamburg and the
Piano Makers' and Tuners' Association of that
city to study our system of manufacturing, has
commenced a series of articles on this subject in
the L,eipsic Instrumentenbau. Mr. Maas has
also made several addresses since his return to
Germany, in which he spoke very highly of our
pianos, and manufacturing in general, and has
discovered many points of superiority over the
old world instruments which he would like his
compatriots to copy.
J. T. FITZGERALD, a dealer in music, and
THE
Sterling Company,
Frederick W. Blanchard comprise a music
company recently formed under the title of the
Fitzgerald-Blanchard Music Co., at 113 South
Spring street, L,os Angeles, Cal. They will
carry a stock of pianos, music and musical
merchandise.
JOHN JACOBS, better known as " t h e original
Jacobs," an old-time dealer in musical instru-
ments, died last week at an advanced age. He
forsook this business some time ago, and was in
the jewelry trade at the time of his death.
THE A. B. Chase Co. will hold their regular
directors' meeting at Norwalk, January 10th.
PATENT—INFRINGEMENT—LACHES.
The case of Fosdick, Admr., vs. Lowell Ma-
chine Shop Company, recently decided by Judge
Colt in the United States Circuit Court of Bos-
ton, arose upon a suit in equity to recover $1,000, -
000 for the alleged infringement of a patent on
a machine. The complainant was the son of J.
F. Fosdick, who was granted the patent in 1862.
Nine years afterward, in 1871, the patentee died,
and in 1889, or eighteen years after his death,
and ten years after the expiration of the patent,
the complainant brought a suit against the com-
pany for the infringement of the patent during
the term of seventeen years for which it was
granted, and claiming actual damages for the
amount mentioned. Judge Colt decided against
the complainant, saying: " I t does not appear
that the patentee made any claim for damages
during his lifetime, or that plaintiff made any
claim prior to the commencement of this suit,
and no sufficient reason is assigned why the
bringing of this suit was so long delayed. On
this state of facts I do not think that the aid of
a court of equity should be asked for in favor
of plaintiff, but that such aid should be refused
by reason of gross laches and negligence in pro-
secuting this claim."
PSAUMJJF IWl,
MANUFACTURERS OF
Pianos and Organs,
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as THE SIEKLING
and thousands will testify to their superiority of work-
manship and durability. Why ? Because they are made
just as perfect as a piano can be made.
, THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead of
all others. ISF'Se-d for Catalogue.
Davis Pianos
" Tell us not in mournful numbers,"
That perfection is a dream :
For Bent's organs and pianos
Are exactly what they seem.
Iyife is real, life is earnest,
And perfection is our goal:
Bent's " Crown " organs and pianos
Thrill our very inmost soul.
Pure enjoyment, and not sorrow,
Comes to all, who day by day
listen to Bent's grand pianos,
Or upon his organs play.
In the world's broad field of battle,
In the bivouac of life,
Strive, like Bent, to beat all rivals
And be victor in the strife.
Let us then be up and doing,
Haste, ere all our cash is spent:
A '' Crown '' organ or piano
To obtain from Geo. P. Bent.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
L£GAU DECISIONS.
•'THE HIGHEST TYPE."
RAILROAD—LIMITING LIABILITY—TICKET.
The Supreme Court of Georgia held, in the
recent case of Phillips vs. Georgia Railroad &
Banking Company, that according to section
2,068 of the State code a common carrier cannot
limit his legal liabilities by any notice or entry
on tickets sold, and that without making an ex-
press contract with the passenger a railroad
company cannot, after selling a return ticket
and receiving pay therefor, exact of the passen-
ger as a condition for returning on the ticket
that he shall sign it, and that the signature
shall be attested by a given agent, who shall
stamp it, and that this is true although the
ticket delivered to the passenger be sold at a re-
duced price and limited as to time, and may in-
dicate on its face that it is to be signed, attested,
and stamped, and that it cannot be used unless
these requisitions be complied with.
STUCK
HANDS
Mechanically played musical instrument, No.
510,351, P. O. I/Ochmann.
Organ coupler and connection, No. 509,914,
Lehr & Diehl.
Music book or leaf turner, No. 510,801, F. W.
Kline.
Pneumatic action for pipe organs, No. 510,521,
F. F. Schoenstein.
Piano touch regulator, No. 510,729, H. A.
Tobelman.
HANUFACTUBED B7
WATER POWER—FLOODS—LIABILITY.
The Supreme Court of Georgia held, in the
case of The City Council of Augusta vs. Lom-
bard, that where a broad scheme of manufactur-
ing by the use of water power embraces the duty
on the part of the owner of the water to furnish
an adequate and continuous supply to numerous
separate and distinct manufacturing establish-
ments, and to keep the canal, its races and the
openings of such races in proper condition for
that purpose with reference to the ordinary
stages of water, anything in the way of remov-
ing obstructions to the free flow of the water
which is necessary or proper to be done in order
to perform these duties may be rightly done,
although the doing of it will render the canal
and one or more of its races more subject to
overflow in times of high and extraordinary
freshets, and one or more of the manufacturing
establishments may thereby be exposed to serious
damage on these extraordinary occasions, and
that no diligence on the part of the water owner
to anticipate and provide against extraordinary
floods is due to its patrons, except such as is
consistent with a right performance of the main,
constant and regular duties above referred to.
Mandolin, No. 510,335, A. C. Fairbanks.
171 AND 173 SO. CANAL STREET,
CHICAGO.
HERR W. MAAS, a practical piano maker and
writer, who was sent to the World's Fair by the
Metropolitan Government of Hamburg and the
Piano Makers' and Tuners' Association of that
city to study our system of manufacturing, has
commenced a series of articles on this subject in
the L,eipsic Instrumentenbau. Mr. Maas has
also made several addresses since his return to
Germany, in which he spoke very highly of our
pianos, and manufacturing in general, and has
discovered many points of superiority over the
old world instruments which he would like his
compatriots to copy.
J. T. FITZGERALD, a dealer in music, and
THE
Sterling Company,
Frederick W. Blanchard comprise a music
company recently formed under the title of the
Fitzgerald-Blanchard Music Co., at 113 South
Spring street, L,os Angeles, Cal. They will
carry a stock of pianos, music and musical
merchandise.
JOHN JACOBS, better known as " t h e original
Jacobs," an old-time dealer in musical instru-
ments, died last week at an advanced age. He
forsook this business some time ago, and was in
the jewelry trade at the time of his death.
THE A. B. Chase Co. will hold their regular
directors' meeting at Norwalk, January 10th.
PATENT—INFRINGEMENT—LACHES.
The case of Fosdick, Admr., vs. Lowell Ma-
chine Shop Company, recently decided by Judge
Colt in the United States Circuit Court of Bos-
ton, arose upon a suit in equity to recover $1,000, -
000 for the alleged infringement of a patent on
a machine. The complainant was the son of J.
F. Fosdick, who was granted the patent in 1862.
Nine years afterward, in 1871, the patentee died,
and in 1889, or eighteen years after his death,
and ten years after the expiration of the patent,
the complainant brought a suit against the com-
pany for the infringement of the patent during
the term of seventeen years for which it was
granted, and claiming actual damages for the
amount mentioned. Judge Colt decided against
the complainant, saying: " I t does not appear
that the patentee made any claim for damages
during his lifetime, or that plaintiff made any
claim prior to the commencement of this suit,
and no sufficient reason is assigned why the
bringing of this suit was so long delayed. On
this state of facts I do not think that the aid of
a court of equity should be asked for in favor
of plaintiff, but that such aid should be refused
by reason of gross laches and negligence in pro-
secuting this claim."
PSAUMJJF IWl,
MANUFACTURERS OF
Pianos and Organs,
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as THE SIEKLING
and thousands will testify to their superiority of work-
manship and durability. Why ? Because they are made
just as perfect as a piano can be made.
, THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead of
all others. ISF'Se-d for Catalogue.
Davis Pianos
" Tell us not in mournful numbers,"
That perfection is a dream :
For Bent's organs and pianos
Are exactly what they seem.
Iyife is real, life is earnest,
And perfection is our goal:
Bent's " Crown " organs and pianos
Thrill our very inmost soul.
Pure enjoyment, and not sorrow,
Comes to all, who day by day
listen to Bent's grand pianos,
Or upon his organs play.
In the world's broad field of battle,
In the bivouac of life,
Strive, like Bent, to beat all rivals
And be victor in the strife.
Let us then be up and doing,
Haste, ere all our cash is spent:
A '' Crown '' organ or piano
To obtain from Geo. P. Bent.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
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