This writ was brought by Zane and Roach, as assignees of one Nathaniel Jenkins, against the defendant, Soffe, for infringing (as charged) certain letters-patent granted to said Jenkins, June 22, 1865, for an improvement in self-acting cocks or faucets. The general feature of the invention patented, so far as material to be considered, may be described as follows: The valve is situated in a chamber below the valve-seat, where the water is introduced by the induction pipe and is kept in place against the valve-seat by a spiral spring underneath resting on the bottom of the chamber; on its upper side the valve is connected by a swivel with a stem which projects upward through the top o the faucet, where it is provided with a handle by which it may be turned; a screw is formed on the upper part of the stem by which, when the stem is turned by the hand, it is forced downward and pushes the valve from its seat, thus permitting the water to flow out of the cock; on letting the handle go, the spiral spring below the valve, aided by the pressure of the water, forces the valve back to its seat, and the flow of water is stopped. In the specification the stem is called a screw-follower. The patent has two claims, only the first of which is claimed to be infringed by the defendant, and this in the following words, to-wit: 'What I claim as new and desire to secure by letters-patent is, (1) the screw-follower, H, in combination with the valve of a self-closing faucet, substantially as set forth, and for the purpose described.'
The defendant answered the bill, denying that Jenkins was the first inventor of the thing patented, denying infringement, and setting up a patent granted to defendant himself on the tenth of May, 1874, under and according to which the faucets manufactured by him were made, and which he alleges are no infringement of the Jenkins patent. The answer specifically refers to only one patent as anticipating the supposed invention of Jenkins, namely, a patent granted to one Frederick H. Bartholomew, in August, 1846, in which (as alleged) all the essential elements of the faucet patented to Jenkins are described and exhibited. The answer, however, contains the following general averment:
'This defendant, further answering, denies that the patent granted said Nathaniel Jenkins is valid; and alleges that prior to the invention described in said patent, a screw and spring, worked in opposition to each other, had been used to open and close faucets and hydrants, in which faucets any hydrants the screw did all the work of opening the faucets and hydrants, and the spring did all or most of the work of closing the valve of the faucets and hydrants; that faucets and hydrants operated in the above manner had been in public and general use and for sale in the cities of New York and Brooklyn, and in various other places long prior to, and at least fifteen years before, the date of the alleged invention of Nathaniel Jenkins; and defendant is advised and believes that, by reason of said prior public use and sale, the patent granted to said Jenkins is invalid.'