The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-05-31
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO Co.
Office ut the
RED PLANNING MILL,
fCorner oiPine and second streets,
l(Near ths, RaiirOadJ
d. 70 Ll ITUsvILLE, PA.
Owing TO the large and increasing demand for the
Roberts Torpedoes, and the late decision Of the
patent and the decision of Judge r. Z G,ier sms-
tanning the Kobsrts' patent they ihsvs LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
40 that every Operator can aord;t try "a Torpedo
before abandoning Well
Tbc following IL the decision rendered by Judge
Grier on the twenty second (s2) day of September,
1S9 in the United States Circuit Court at PHI adel.
phia. The case was argued three days by Charles
NJ. Keller Of New York, u Lucas and $; A: Pur !
v
Harding of Philadelphia, and George II. Christy,
Pittsburgh, for plaintiff 4" -fYfC I't..
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
cnsions 10 which my mind has come after careful.
examination Of this case ]
25th Of April, 1865. This Is prima facie evidence of
good title, and puts on the respondents the bur-
den Of proof that the patent is void or worthless.
year Va. Day 9wall, c. c. Rep. 2as,) but now
adopt them as sffordinR rule OF decision which ap
plies clearly to the present cAse.
A. the Of the !: admit IN
plainants patent of April 25. lsSS.
.'It was after speculation had been reduced to
practice" and alter repeated experiments, that the
and ignorance of the people on the subject, and
persusding the pnbc that his invention was useful;
after he had established Its great utility and value
and "whsn his genus % sna patient PerSeSealhce, IN
cessful, that Reed, who had before made expert
ments on the same subject, and was unsuccessful,
imagined that he had the best right 80 tue
and after purchasing one OF more complainant = tor
pedoes, he applied on the let Of November, 1857,
for patent for substantially the same cornbina
tons of devices and n.actne contained In complain
respondents formed them selves into company or
corporation called "The Reed Torpedo Company"
for the purpose Of pirating the cOmp'ainant's In
sHS pSi e the the
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 q the bill.
X. &. GRIER, Judge.
his former decision, Wallace, p. 2s9 adopted as
applicable to this case was as follows
at IL usually the case, when any valuable discov
cry Is made or any new machine OF great utility
I'D thoo hn ha1v
turned to that subject previously, and that many
persons have been making researches and expert
| ments Philosophers and mechanicians may hav'
IN some measure anticipated in their speculation
the possibility or pro!abilty Of sueh discovery o
invention; many experiments have been successful
ly tled, coming very near yet falling short OF tn
fcial The invention when perfected may truly b
| said to be the eliminating point OF manv expert
men ., not only by the inventor, hut by many 9th
Ors lie may nav. prOilted indirectly by the unsuc
| cessful experiments and failures of Others, but
gives thern right to CD N share Of the honor
| the profit of the successful inventor 1t is whe
| speculation has been reduced to practice when eS
| pertinent has resulted In discovery and when tina
discovery has been perfected by patient ana cOntn
ued experiments, when some new compound. ar'
| manufacture, or machine has been thus produce
which is useful to the public, that the party making
becomes apublic beneiactOr and entitled to patent
"Aud yet when genius and patient perseverance
have at length succeeded, In spite of sn.ers an
scoffs, some valuable invention or discovery, hoy
Of the honor, while speculators, swindleis, and p
! rates rob him of the profits. Every uDsncce:sS
| experimen,er who did Or did or did not come yer
near making y discovery now claims 1t. Every on
who can invent an Improvement or vary its form
claims right to pirate the original discovery W
need not summons Morse, or Blanchard, or Woot
worth prove that this Is the usual history OF eve
~ great discovery or invention. =,
"The present case sdds another chapter to thi
| long and uniform history."-2 Wallace, c. Z. III
ports p. 292.