The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-12

4. :.GTs' reraOLEUM TORPEDO.
.--- - -------- ---------
EORS .EDOES.
THE RWBERTs
.gTRCLIUM TeRPEDo 90.
ON.ce nj the
RED PxANING MILL,
Cornsr OF Pine and SAeond streets,
tNeaf the RaiirOad,)
IrUSvILLE, PA.
Owing 10 the large and increasing demand for the
Roter.I' Torpedoes, and the late decision OF the
sSnnmi.sioncr Of Patents in refusing to VIM. REED
taining The Roberis' pitent they have LOWERED
the pficc vi their Torpedees
TWENTY. PER CENT.
- Tint cvery Operator can Afford to try a Torpcdo
NiCre absndpptny WE'LL
'lhe following is the decision rendered by Judge
Grer on the twehty.sccond (22) day of September,
1eh9 In the unit~i States Circuit Court at Philadel.
phia The case was sarIped three days by Charles
NJ Keller Of New York, b. T. Lucas and s. A. Pur.
yianoe Of Pittsburgh, for defendants, and George.
hsrding q Philadelph.s, and George H. Christy, o
Pittsbergh, for plaintiff.
OPINION OF JUDGE GRIER.
.As write with difficulty can only state the con
csicns 10 which my mind has como after caref,I.
examination Of this case.
Oh The 'omplainsnt nan has exhibited a patent dated
18th of April, 1868 This Il prima facie evidence of
ago0d title ond puts on the respondents the bur
aen Of ,ro'f that the patent Is void worthless.
necd not repeat my remarks in the case Of Good.
adopt them as afordins rule OF decision which an
piiei clearly TO the present case.
=. Az the infriIsement OF the patent 10 admi, ted,
tAe only question will be m to the validity OF com
plainsnis patent OF April 25 1885,
'it was after speculation. had boen reduced to
practice and after repeated experiments, that the
arc lgnOrance OF the people on the subject and
4ersuafing the pnhlic chat his invention WAS usef
After he had established Its great utility and value,
and "when h's genius and patient perseverance, in
spite o. sncers and scOf.," were Completely suc
ceasinl, that Reed, who had before made cxper
men's oi the some snhject, and was unsuccessful
imagsneu that he had the best right to the nventiOn
AID ster purchasing OF more complainant 4 Tor
psdoes, hs anDlied on the LIST of November, 1857,
f4r pstssnt st, Tor substantially tho same comhina
aiiI's patent. On the 18th Of the same month the
respondents formed themselves into company or
:orporaiun called '.rhe Reed Torpedo Company"
ss %, PIsiaE the omp:n In
AID thu, defraud him Of the fruits They have Der
severed, even after the preliminary injunction very
properly gfHntsi by the District Judge
Let decree he entered for complainant for A nor,
pe'uaI 'njuhcti0l,: and Master appointed to take
"h account according to the prayer Sf the bill.
Sorr-fhe passage referred to bv Judre Gricr In
h. former decision. Wallace, p. 900, sdopted az
app !cnbic TO this cAsc was ~ follows:
~ Is usually tho Case, when any valuable djscov.
wv IL made or amy new machine Of great utility is
Invented that the attention Of tho public has beer,
turned 20 that subject previously, and that many
persons nave been making researches and experi.
1nents. Philosophers and mechapicians NAV have
y, some m, asure anticipated In their sppcuiations
the possibiiity or probability Of such discovery or
inventio' many experiments have been successful.
y ti'e, coming very near. yet falling short Of the
0e.ired result They have produced nothing IMne
ncial. The Invention when perfected may truly be
s.lu To De me eliminating point OF MANY expert.
mon 8, not only blythe inventor hut by many 9TH.
ors tle may have proted indirectly by the iIps,c
cc's:u experiments and failures Of Others but II
gNcs mem no right to claim share OF the bCpO of
IIe piont OF me successful inventor II is when
speGasuon las been rrtiue"d to practice, when cx.
pertinent ha. resulted IN dis ,overy and when that
xi'rovery has been perfect, by patient ana contin
ntu experiments, when some new compound, art
manufacture, or machine has been thus produced
which Is useful to the public that the party making il
e"s9nies apubllc beneactor and entitled to patent
"And yet when genius and patient perseverance,
have at length succeeded, in spite Of snrers and
fcOffs some valuabls invention or djsco"cry how
seldom Is il followed by reward Envy robs him
'oi the honor. hlc sreculstors, swindlcrs and nj.
rates rob him Of the priits. Every un,ucc~sstiI
exf~rmenier who did or did or did not come very
near ma. ding discovery now claims it, Every Ons
who can Invent an Improvement or vary its form
chinsa right to pirate the original discovery We
need NOT summons Morse. or Blanchard, or Wood.
~ Er-ai discovery or invention.
"ahe present case adds another chapter to this
long and uniform history."-2 Wallace, c. {. Re
ports p. s92.