The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-08-30
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED pLANING MILL,
Corner OF Pine and second Streets,
Near the 2aiirOad,)
ITUSVILLE, PA.
UUSVILLE, PA.

Owfng 20 the large and increasing demand for the
Roberts Torpedoes. and the late decision of the
Commissioner of Patents in refusing to VIM Reed
patent, and the decision of Judge r. &. Grier sus-
tailing the Roberts pltent they have LOW Erred
tho price Of their Torpedoes
tH TWENTY. PER CENT.
90 that every Operator can afford ,u'try a Torpedo
before abandoning Well.
The following is the decision rendered by Judge
Gricr on the twenty-sccond (22) day of September,
1852 in the United States Circuit Court at Phadel.
phia. The case was argued three days by Charles
NJ. Keller Of New York. B. 4. Lucas and ). A. Pur-
vance of Pittsburgh, for defendants, and George,
Harding Of Philadelphia and George II. Chrisiy, o
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
clusions to which my mind has come after carer,l.
examination Of this case.
The com ,ainant has exhibited patent dated
18th Of April, 1865. This is prma face evidence OF
q good title, Gnd puts on the respondents the bur.
den of pronf that the patent Is void or worthless.
need not repeat my remarks in the case of Good
year Va. Day Il Wall, G. C. Rep; 2a9) but now
adopt them Us afOrding rule OF decision which ap.
plies clearly TO the present case.
As the Infringement of the patent Is admit ted
the only question will be as to the validity of com.
pla;nan's patent of April 25, 1858.
''It was after speculation had been reduced to
practice ana after repeated experiments. that the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject, and
persnading the public that his invention was useful
after he had established its great utility and yue
and "when his genius and patient perseverance. In
spite of snecrs aud scOn.,n were completely suc
cessful, that Reed, who had before made expcri
ments on the sunc subjeat ard was unsuccessful
imagined that he had the best right t. theinvenion
and after purchasing one OF more COMPLAINANT tor
pedOcs. he apulied on the 1st OF November 1851
for patent for substantially tho same combina
tOns Of devices and achine contained in complain
ants patent. On the 18th of the same month tn,
Respondents formed themselves into company OF
corporation called "'The Reed Torpedo Company >
fcr the purpose Of pirating the COMMITMENTS in
and thus defraut him Of the fruits. They have De.
severed even after the preliminary injunction very
properly granted by the District Judge
Let decree be entered for complainant for per.
petual injunction, and Master appointed to take
an account according to the prayer Of the bill.
Il. Z. GRIER, Judge.
.NorE,-The passage referred to bv Judge Grier in
his fnrmU decision, y Wallace, p. 800 adopted as
applicable to this case was as foilows
"it Is usually the case, when any valuable discov.
ery is made, or rny new machine of great uiitv is
invented that the attention of the public has been
turned to that subject previously, and that many
persons have been making researches and expert
mebh. Philosophers and meCliancians NAV have
III some measure anticipated in their sppculations
the possibility or probability OF such discovery OF
invcniiox many experiments have been successful.
y iieu coming very Lear. Yet falling short OF the
desired result. They have produced nothing l)ene.
fcial. The invention whet perfected may truly he
said to be the eliminating point of many expe,i-
men c, not only by the inventor. hut by many 9TH
Ors. Tie may hav. prniited indirectly by the 1nsuc.
cessful experiments and failures of others, bit II
gives them no right to cam share of the honor of
Tie profit of the successful inventor 1t il when
speculation has been REDUCED to practice, when cy
perinent la resulted in discovery and when tia,
discovery has been perfected by patient ana contin
lled experiments when some new compound art
nanuiacfnte or machine has been thu. produced
which Is usefnl to epIbc that the party making
becomes public beiieactor and entitled to patent
SAud yet when genius and patient perseverance,
have at lengtb succeeded in spite of sn.ers ard
scOfs, some valuable invention or oisco"ery, how
snldom is Il followed by reward Envy robs him
o! the honor, while specultors, swindle s. and nj.
rates rub him OF the profits. Every un uccessiul
cxperimenter who did or did or did rot come yrry
near making discovery now claims it, Every on.
who can Invent an Improvement Or vary its form,
claims right to pirate the ORIGINAL discovery. We
need not summons Morse or Blanchard. or Wood
worth to prove that this is the usual history of eve
~ gryat discovery or invention.
"1he present case ADDS another chapter to thi.
long and uniform history"-2 Wallace G. G. Ne-
pors p. 292