Dempsey v. Dobson
Dempsey v. Dobson
Opinion of the Court
Opinion by
The defendants are extensively engaged in the manufacture of carpets. The value of their products in the market and the demand for them by purchasers depend largely upon the artistic character of the patterns or designs upon which they are made, and the harmony and general effect of the shades of color by which they are brought out. The designs are prepared by persons employed for that special purpose. When a new design has been made and adopted by the manufacturers, it is sent to the color room, which is in charge of a color mixer. The duty of the color mixer is to prepare the dyes or colors so as to reproduce in the carpet all the shades indicated by the design. He submits the results of his work to the designer. When approved, it becomes his duly to enter in a book kept for that purpose and called a “ Color Book,” the number of the carpet and the formula by which each shade of color used in its manufacture is produced. He is also required to keep a book in which a piece of yarn, colored according to the formula, for each shade in the carpet, is preserved, with the number of the carpet to which the shades belong. This is known as the “ Shade Book.” When the manufacture of this particular carpet is about to be begun, the color mixer prepares the colors for actual use. When mixed and ready for use, they are put into large pitchers and on each pitcher is put a label with the formula or recipe by which the color it contains was prepared, together with the number of the carpet upon which it is used; so that when a pitcher is emptied it can be refilled by any of the employees about the color room by following the recipe appearing
If the plaintiff had a light to recover in this action because of the ownership of the books in which the recipes had been entered and the manner of his detention, when he attempted to take them away, the jury should have been instructed that the value of the recipes was not to be considered in estimating the damages. As between these parties, as we have already said, the plaintiff had no exclusive right to thorn. It was his duty as a color mixer to enter each formula in his employer’s books. They had a clear legal right to the knowledge which such a record would afford them, and the copies they have made from his books should have been made for them by the plaintiff as the several colors were compounded during his long term of
The judgment is reversed for the reasons now given and a venire facias de novo awarded.
Reference
- Full Case Name
- John W. Dempsey v. John Dobson and James Dobson, trading as John & James Dobson
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- Master and servant — Employer and employee — Inventions—Formula used in manufactures. If one employed by another experiments at the expense of his employer and for his use with a view to the immediate use of the results of such experiments in his employer’s business, the recipes and formulae resulting from such experiments belong to the employer so far as to gire him the right to use the same. A color mixer employed in a carpet factory was not an independent contractor, but his wages were adjusted according to his skill and experience. It was his duty to prepare the dyes or colors so as to reproduce in the carpet all the shades indicated by the design. After his work was approved by the designer, it was his duty to enter in a book called a “ Color Book ” the number of the carpet and the formula by which each shade of color used in its manufacture was produced, tie was also required to keep a book in which a piece of yarn, colored according to the formula for each shade in the carpet, was preserved with the number of the carpet to which the shades belonged. When the colors were prepared they were put into large pitchers, each labeled with the formula or recipe it contained. Held, (1) that the recipes prepared by the color mixer for the use of his employers in the manufacture of their carpets belonged to them so far at least as to give them the right to continue the use of the various colors and shades produced by them; (2) that the mixer had a right if he chose so to do to preserve the recipes for his own use in the future, but his right was not an exclusive one as against his employers; (3) that if the color mixer did not keep the books which it was his duty to keep, but kept private books of his own in which he recorded the recipes, his employers had a right to a copy of their own recipes when he retired from their employment ; (4) that in an action by the mixer to recover damages for the detention of his books, the value of the recipes in the books should not be considered in estimating his damages; (5) that the plaintiff’s measure of damages was merely the detention of the books without regard to the recipes, and also proper compensation for any unnecessary violence in the manner of the detention of the books, or disregard for the sensibilities or the self respect of the plaintiff; (6) that in the instruction as to damages the jury should be told to consider the conduct of the plaintiff, his disregard of his duty in making no entries in his employers’ color books, his failure to disclose this fact to them, and his leaving them under the honest belief that he was removing from their mill their own color books; (7) that a letter written after the plaintiff’s color books had been returned to him demanding that the copy that had been made should be given up to him was inadmissible in evidence, inasmuch as it was an argumentative presentation of his view of his rights and amere declaration of plaintiff in his own behalf.