Court cases and other accidents

1858. The Electric Telegraph Company installed a tube to its branch office in Mincing Lane in 1858. So that steam engines would not be needed at each end a 'vacuum reservoir' measuring 10 X 12 X 14 feet was constructed in a house in Mincing Lane. Once a carrier got stuck in the tube, causing the reservoir to implode and demolishing the wall of the house. "At the time the landlord of the house happened to be dining in the next room, and he suddenly found himself, his dinner and the door .. precipitated into the room amongst the debris of the chamber." Following this incident compressed air rather than vacuum was used.

1888. "A special from Mansfield says that C.E.Foster and Frank L.Freeman, of Washington, D.C., have brought suit against W.M.Sturges and the Barr Cash and Package Carrier Company for $75,000 for malicious libel. Suit has also been brought against the same parties for a like amount in the United States Court here on a similar charge by W.S.Lamson and Frank Means. The trouble grew out of the issuance of a circular containing alleged derogatory statements." The Semi Weekly Age, Coshocton Oh., 2 Nov. 1888, p.2

1892. William Parsons' grocery store, Ontario. "Last Friday evening as Ernest Parsons was at work at the desk of Wm. Parsons' grocery store, he reached up to one of the handles which operates the cash railway carriages, and as is the custom pulled it down with a violent jerk. The string by which the handle was attached broke, and his hand, carried by the force exerted, went violently toward the desk. At that precise point was a bar in which pins are placed for the filing of sales items. His hand struck this and three of the pins entered his hand quite deeply. For a moment he did not notice the fact, and when he did he had considerable trouble in releasing his hand. Dr. Hawley dressed the hand, which has since caused considerable trouble, and has prevented him from working at the store." Ontario County Journal, 2 Sep. 1892

1894. Osgood and Fessenden v. Lamson Cash Railway Company. "Boston, May 29 - Three verdicts for $17,250 each were returned in the third session of the superior court before Judge Bishop, in actions for malicious attachment brought by Edwin P.Osgood and Emily Fessenden against the Lamson Cash RAilway Company, George L.Ames and George M.Harris." Lowell Daily Sun, 29 May 1894, p.12

1895. Martin & Hill Cash-Carrier Co. v. Joseph C. Martin. Circuit Court of Appeals, First Circuit. 30 Dec. 1895. No. 97. For infringement of patents granted to the defendant for improvements in automatic cash-carrier systems for store service and assigned to the complainant company. The court held that there was no infringement. Federal Reporter 71 F1, p.519

1897. Consolidated Store-Service Co. v. John W. Wilson et al. Circuit Court, D. Massachusetts, 20 Oct. 1897. No.788. For alleged infringement of two patents relating to cash-carrier or store-service apparatus. The cause was heard on a motion for preliminary injunction. Federal Reporter 83 F1, p.201

1898. Consolidated Store Fixture Company. "An answer to a suit for infringement on a cash carrier was filed in the United States court this morning, which practically denied the right of the Consolidated Store Fixture Company to maintain a suit against any person using the carrier, on the grounds that it was not a new or novel invention at the time the patent was granted. The answer was filed by Harris and Schumacker, of Sandusky, who were using a carrier which, the Consolidated Comapny claimed, was an infringement on its patents. It denied that .. Osgood .. was really the original inventor of the device." Sandusky Star, 18 Oct. 1898, p.1

1904. Lamson Pneumatic Tube Co v. Phillips. The defendant's contract of employment stated that, on ceasing to work for the plaintiffs, he would not engage in a similar business, for a period of five years, anywhere in the Eastern hemisphere. It was felt that such a restriction was reasonable, bearing in mind the plaintiffs' business.

1906. Lamson Store Service Co Ltd v. Russell Wilkins & Sons Ltd. 4 CLR 672. There was an agreement for the lease or hire, for ten years, of a cash railway with fourteen stations. Wilkins was to pay in advance £6/10/00 per annum per station. Clause 8 of the agreement provided that in the case of bankruptcy, insolvency or otherwise the whole rent for the remainder of the term was due and the system could be removed. During the first year of the agreement, Wilkins Co. was ordered to be wound up. There was disagreement about whether it was a penalty against which equity would grant relief. (Presumably the Russell Wilkins of Brisbane)

1907. Barr Cash & Package Carrier Co. v. Brooks-Ozan Mercantile Co. 101 S.W.408 (Ark., 1907) The apellant sued the appellee on a written contract whereby it was agreed that appellant should erect for appellee a system of five stations of cash and package carriers. The contract provides that .. the appellant should lease to the appellee for five years.

1908. British Cash and Parcel Conveyors Ltd. v. Lamson Store Service Co. Ltd.. 1 KB 1006. This is a famous case for the definitions of maintenance and champerty. "Maintenance .. is directed against wanton and officious intermeddling with the disputes of others in which the defendant has no interest whatever, and where the assistance he renders to the one or the other party is without justification or excuse." Champerty is an aggravated form of maintenance, in which the maintainer receives something of value for the assistance given. Concerned three businesses - Reese & Gwillim of Cardiff, Whiteman of Derby and Harper Bros of Balham - where BCPC and Lamson were competing for business.

1909. Lamson Cash R. Co. v. Godehard. 8 C CA 265, 19 US App. 360, 59 Fed. 776. US Supreme Court Reports, p.1145

1923. "Actress disfigured in store by cash carrier gets $1,000." New York Times, 27 Mar. 1923, p.23

1938. J.C. Penny Co. v. Forrest. Supreme Court of Oklahoma. On the afternoon of the 12th day of December, 1934, the plaintiff..while a customer in the defendant's store, suffered an accidental injury when a mechanical carrier fell from the overhead system for the carriage used in the store... The system was the approved system used by thousands of stores all over the United States.

2003. The news service icSolihull on 28 November 2003 recounted how a cashier had trapped her hand in the pneumatic tube apparatus at the Tesco store in Castle Bromwich. She was rescued by firefighters from Sheldon and suffered only bruising and scratches.

2007. Sainsbury's, Croydon . "A thief stole more than 90,000 pounds after intercepting bundles of cash sent in the pneumatic tube systems of supermarkets. Peter Blackham, 26, is thought to have gained entry to the roof space of several stores by locking himself into a disabled toilet and removing ceiling tiles. He then disconnected the high-speed air tubes - used to transport money from the tills to the safe - and helped himself to the cash. Blackham, from Petts Wood, Kent, was arrested in May last year when he was disturbed committing a burglary at Sainsbury’s in Croydon. After realising large amounts of cash were going missing from the internal handling system, the supermarket had launched an internal investigation and installed motion sensors in the roof." Daily Telegraph, 15 June 2007

? Anderson v. Mc Carthy Dry Goods Co. 49 Wash 398. An action to recover damages caused by the falling of a basket from an overhead carrier system in the defendant's store.

? Decisions of the Commissioner of Patents (United States), date unknown, p.309. "If, however, it could be conceded that Fordyce's experiment in 1901 constituted a reduction to practice, the testimony, in my opinion, shows that the invention was concealed in the shops of the Bostedo Pneumatic Tube Company for such a period of time as would subordinate his rights to those of Stoetzel, who installed and successfully operated several systems embodying this invention prior to the date upon which Fordyce filed his application."