Schillinger v. United States
United States Supreme Court
155 U.S. 163 (1894)
- Written by Angela Patrick, JD
Facts
John Schillinger (plaintiff) obtained a patent for a concrete improvement. The federal government (defendant) contracted with a company (defendant) to install pavement on the United States Capitol grounds. This contract did not mention Schillinger’s patent. Schillinger sued the federal government and the installation company in the United States Court of Claims, alleging that the company had wrongfully used Schillinger’s patented improvement on the Capitol project. The Court of Claims ruled that Schillinger’s claim was solely a tort claim with no contractual component and that the federal government was immune from being sued for tort claims. Accordingly, the Court of Claims dismissed Schillinger’s claims against the federal government. Schillinger appealed directly to the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Brewer, J.)
Dissent (Harlan, J.)
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