Higgs against Goodwin
| Jurisdiction | England & Wales |
| Judgment Date | 03 June 1858 |
| Date | 03 June 1858 |
| Court | High Court |
English Reports Citation: 120 E.R. 606
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 27 L. J. Q. B. 421; 5 Jur. N. S. 97.
[529] higgs against goodwin. Thursday, June 3d, 1858. A patent was entitled " Treating chemically the collected contents of sewers and drains in cities, towns and villages, so that the same may be applicable to agricultural and other useful purposes." The description of the process stated that, for the purpose of precipitating the matter, the patentee preferred to employ hydrate of lime; and he claimed the precipitation of animal and vegetable matter from sewage water by the means before described. It stated that the invention conaisted in the use and application of a chemical agent for the purpose of precipitating the solid animal and vegetable matter contained in sewage water; and that what was claimed was the precipitation of animal and vegetable matter from sewage water by means of the chemical agent before described.-In an action for an infringement of this patent, it appeared that defendant bad applied the process and tbe hydrate of lime for the purpose of deodorizing sewage water: in the course of which some precipitate of animal and vegetable matter was produced, which, however, EL.BL4ELBM. HIGGS V. GOODWIN 607 dant did not use as an article of value, but bona fide rejected as an article accidentally produced.-Held, that this was no evidence for a jury of the infringement of the patent. [S. C. 27 L. J. Q. B. 421; 5 Jur. N. S. 97.] Action against the defendant, as clerk to the Local Board of Health for the town of Hitohin, in Hertfordshire, for infringement of the plaintiff's patent. The declaration alleged that the plaintiff was the true and first inventor of a certain new manufacture, that is to say, "treating chemically the collected contents of aevvera and drains in cities, towns and villages, so that the same may be applicable to agricultural and other useful purposes: " that letters patent had been granted to him to make, use and exercise and vend the said inventions, and certain other things invented by him, by and under the title of " The means of collecting the contents of sewers and drains in cities, towns and villages, and for treating chemically the same, and for applying snch contents, when so treated, to agricultural and other useful purposes:" that a specification of the said invention was duly enrolled by the plaintiff: that a disclaimer was also entered by him, whereby he disclaimed certain parts of the said title, and altered the residue thereof to " Treating chemically the collected contents of sewers and drains in cities, towns and villages, so that the same may be applicable to agricultural [830] and other useful purposes;" and also altered certain parts respectively of the said specification. Breach : That the said Local Board of Health, at divers times during the term of the said patent, and before the commencement of this suit, infringed, and still continues to infringe, the said patent right of the plaintiff. The particulars of breaches, delivered with the declaration, stated that the "above mentioned Local Board of Health, at divers times between the 27th May, 1857, and the commencement of this suit, used hydrate of lime for the purpose of precipitating the solid...
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