Francis Cabot Lowell
Judge Lowell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lowell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Presumes taxing authority accompanies an authorized municipal debt unless legislation expressly withholds that authority.
“Authority to contract a debt carries with it authority to tax, unless authority to tax is expressly denied.”
Applies the doctrine of equivalents broadly when the invention introduced the functional advance and the accused device used substantially the same mechanism.
“the doctrine of equivalents should *913receive a reasonably broad application”
Procedural preferences
Allows a bankruptcy sale before the validity or amount of an asserted lien has been resolved.
“The court of bankruptcy has jurisdiction to order a sale of the estate of the bankrupt upon which a lien is asserted, without first determining either the validity or amount of the lien.”
Distinguishes a court's jurisdiction to decide a bankruptcy issue from whether the asserted ground ultimately warrants relief.
“it had general jurisdiction to pass upon the sufficiency of the cause.”
Cautions
Treats an unfamiliar, extraordinary machinery hazard as requiring a warning when the worker lacked knowledge of the specific danger.
“This danger called for a warning, and there was evidence that no warning had been given.”
Will not preserve a patent claim whose breadth exceeds the invention disclosed in the specification.
“We are unable to allow the validity of a claim so broad and unrestricted as is the one claim upon which the complainant here relies.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the Circuit Court is affirmed.”
“The judgment of the Circuit Court is affirmed, with interest, and the defendant in error recovers its costs of appeal.”
“The judgment of the Circuit Court is affirmed, and the defendant in error recovers his costs of appeal.”
“The decree of the Circuit Court is affirmed, and the appellee recovers his costs of appeal.”
“The judgment of the Circuit Court is affirmed, and the defendant in error recovers his costs of appeal.”
“The decree of the Circuit Court is affirmed, and the- appellee recovers costs of appeal.”
“The judgment of the Circuit Court is affirmed, and the defendant in error recovers costs in this court.”
“The decree of the District Court entered on March 17, 1906, is reversed, and this case is remanded to that court for further proceedings pot inconsistent with this opinion, and the appellant recovers his costs of appeal.”
“In No. 675, Loveland, Petitioner, let there be a decree that the petition be dismissed, with costs for the respondent.”
“In No. 676, Putnam v. Loveland, the decree of the District Court is affirmed, and the appellee recovers costs in this court.”
“The decree of the District Court is reversed, and the case is remanded to that court, with directions to allow the appellants’ proof of claims; and the appellants recover their costs of appeal.”
“The judgment of the Circuit Court is reversed, and the case is remanded to that court, with directions to set aside the verdict and for further proceedings not inconsistent with this opinion; and the plaintiff in error recovers its costs of appeal.”
“The decree of the District Court is reversed, with costs for the petitioners in this court.”
A historical record
Judge Lowell no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.