Up: Hayward
YOR: 54 of 113
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the feelings of the plaintiff: "I will take next question of
infringement," said the learned judge in the course of his summing-up,
"and I must say I feel rather pained upon this question because to I do
not think it an innocent infringement. The evidence seemed to me to
show that the defendant's son had become acquainted with this machine
whilst he was in service with the plaintiff, and he had carried over
that knowledge to the partnership of the other defendant. It seems to
me that the articles made by the defendants are identical substantially
with the articles made and sold by the plaintiff. They are the plaintiff's
machines with a notch cut into the glass, which notch had no effect upon
the strength, and no optical effect whatever, but, in reality, is a real
sham."
Even so, after three hearings, the Hamiltons
were determined to carry the matter to the House of Lords, and through
their counsel made application for a stay of proceedings pending
appeal. As no good ground could be shown, the application was refused.
After this dismal interlude, the Brighton Health
Congress and Domestic and Scientific Exhibition came as a breath of fresh
air to Hayward Brothers. It was the first time the firm had publicly
exhibited their pavement lights and the award of a medal was more
gratifying following as it did a long, tedious and acrimonious transaction
at law.
William Eckstein was taken into partnership in
1880 and the style was altered to Hayward Brothers and Eckstein.
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