The Economist Part 12

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NOTICE.

WOOD PAVING.--The Letters Patent granted to me, DAVID STEAD, for paving with Wooden Blocks being the first Patent obtained on the subject, and rendering all subsequent Patents for the same object void, have, after a long investigation at Liverpool, been declared valid, notwithstanding the most resolute opposition against me by the real defendants in the case--the Metropolitan Wood Paving Company.

I therefore warn all Public Authorities and persons using, or a.s.sisting in using Wooden Blocks for Paving, that such infringement upon my Patent will be suppressed; but I am prepared (as is my Licencee, Mr Blackie), to execute any extent of Wood Paving of any description upon contract, and also to grant licenses for the adoption and promotion of the great advantage and benefits of Wood Paving in London, and all parts of England, Scotland, and Ireland.

For terms, parties may apply to me, or to my solicitor, Mr John Duncan, 72 Lombard street, London, or to Mr A.B. Blackie, No. 250 Strand.

(Signed) DAVID STEAD

250 Strand, London, Sept. 4, 1843.

WOOD PAVEMENT.--STEAD v. WILLIAMS AND OTHERS.

(Abridged from the Liverpool Albion.)

This was an action for an infringement of a patent for the paving of roads, streets, &c. with timber or wooden blocks. Mr Martin and Mr Webster were for the plaintiff; Mr Warren and Mr Hoggins for the defendants; Mr John Duncan, of 72 Lombard street, was the solicitor for the plaintiff.

The plaintiff is Mr David Stead, formerly a merchant of the City of London; the defendants are, nominally, Mr Lewis Williams, and several others, who are the surveyors of streets and paving at Manchester; but the action was really against the Metropolitan Wood Paving Company.

About the year 1836 or 1837 Mr Nystrom, a Russian merchant, with whom Mr Stead had had transactions in business came to England, having whilst in Russia devoted his attention to the mode of pavement in that country, which was done in a great measure by wood. He communicated with Mr Stead, who paid a great deal of attention to the matter, and materially improved the scheme; and it was the intention of Mr Nystrom and Mr Stead, in 1835 or 1837, to take out a patent, but Mr Nystrom found it necessary to return to Russia, and thus frustrated that intention.

On the 19th of May, 1838, the plaintiff, however, took out a patent, and this was the one to which attention was directed. Four months were allowed for inrolment, but as six months was the usual period, the plaintiff imagined that that would be the period allowed to him, and inadvertently allowed the four months to elapse before he discovered his mistake.

On the 21st of June, 1841, however, an Act of Parliament was pa.s.sed, confirming the patent to Mr Stead, as though it had been regularly filed within the prescribed period. A second patent was afterwards obtained, but that related more particularly to the form of blocks. The first patent, which had been infringed, was for an invention consisting of a mode of paving with blocks of similar sizes and dimensions, of either a s.e.xagonal, triangular, or square form, so as to make a level road or surface.

The defendants pleaded, amongst other things, that the patent was not an original invention; that it was not useful; and that it was in use prior to the granting of the patent.

The Jury retired to consult at a quarter past four, and returned at twenty minutes to six o'clock with a verdict for the plaintiff.

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