Franklin (automobile) - History - Court Action

Court Action

An action was brought against Herbert H. Franklin, Alexander T. Brown, John Wilkinson and the H. H. Franklin Manufacturing Company on February 28, 1905, by plaintiffs; Ernest I. White, Arthur R. Peck and Edward N. Trump and went to trial in Justice Scripture's Special Term of the New York Supreme Court.

The plaintiffs sued for $50,000 damages on the ground that Franklin and Wilkinson, while in their employ, took "certain new ideas with regard to automobiles, models and drawings belonging to them and formed the H. H. Franklin Manufacturing Company giving them no returns for the money they had spent in developing the machines."

The first witness called was Edward N. Trump, a mechanical and chemical engineer, who is general manager of the Solvay Process Company. He reported that Wilkinson was hired by the men composing the New York Automobile Company to develop an automobile. The machine that Wilkinson showed to him was cooled by air, instead of a water jacket. Up to that time he had never heard of an air-cooled automobile. The machine had four-cylinders and gasoline was the fuel used. Wilkinson afterward developed an improved machine, which was made for the New York Automobile Company at the plant of the Straight Line Engine Company.

W. B. Crowley appeared for the plaintiffs, Giles Heath Stillwell, for H. H. Franklin and H. H. Franklin Manufacturing Company. King, Waters & Page represented Alexander T. Brown and Theodore E. Hancock for John Wilkinson.

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