In another article we have presented the case of a railroad at law, caused by the incapacity or rapacity of our Common Council; we have also a few words to say respecting ? pavement at law. The Common Council of New York City made a contract with a firm named Russ & Reid, for paving one of the stireets with what is named the " Russ Pavement." The contract granted to Russ & Reid allowed them$6,50persquare yard, while another responsible person offered to do it for $3,50 per square yard. A perpetual injunction has therefore been moved for to restrain the execution of such a contract, and we hope it will be granted. What is called the " Russ Pavement," is no doubt a very excellent one, but no Mr. Russ ever invented it. and it is no youth. It has been contended that as Mr. Russ has a patent, the contract could not be given to any other person. It is true that a patent was granted in March 1848, to Mr. Russ, but not for a pavement (although we believe he applied tor that) but for making the under stratum of concrete below the pavement, in pannels. The patent was not obtained for the concrete understratum, for that was used before he was born, but for making it in panneh. No one, therefore,, can use his pannelled concrete, but all the rest of the pavement, viz., concrete understratum and granite surface blocks, are common property. It is our opinion that our streets can be paved for $3,-50 per square yard, with as good blocks, and in as substantial a manner as any that ever was laid down.
This article was originally published with the title "Patent Pavements" in Scientific American 8, 42, 333 (July 1853)