The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-10

TERTS' PETROLEUM TORPEDO.


TORP iLI)OIIS.
tT'fss; gsosiil.Ts
FEgRoLEuM TORPEDO CO.
Office at eEie
RED EDLANING HsILA,
Corner of Pine and Second Streets,
Near the RaiirOad,)
TITUsV1LLE, Pa. ::
Owing 10 the large and increasing demand for the
NObfts' TOrpedoes, and the late decision OF the
Commissioner Of Patents in refusing to VIM. Reed
patent. aad the decision of Judge n. G. Grer sus
taining the Roberts patent they have LOW Erred
che price Of their Torpedoes
TWENTY FER CENT
no that every Operator can afford TO try Torpedo
before abandoning Well.
ihe following is the decision rendered BY Judge
Gricr on the twenty-second t22) day of September
1855, IN the United States Circuit Cont Mt PhaJe.
phia. The case was argncd three DAYS by Charles
a. Keller of New York, b. +. Lucas and i. A. Pur
Tiance OF Pittsburgh, for defendants, and George
Harding OF Philadelphia, and George H. Christy, of
Pittsburgh, for plaintiff
ON1NAO-\ Oc OCDUE GNlEN
AsI write with difficulty can only state the con
illusions to which my mind has come after a careiu
oxag,ination Of this case.
The complainant has exhibited a patent dated
18th Of April lS65 This is prima face evidence of
good title, and puts on the respondents the bur
den Of proof that the patent Is Yid or worthless
year Va. Day q Wall, G. c. Rep; 229,) but now
adopt them ~ afording u rule of decision which ap
pics clearly to the present case.
As the infringement of the patent Is admit ted,
,,1xc ff.,,., IL.
Itainsnis patent of April 25, 1858
1T was after speculation had been reduced, to
practice" and after repeated experiments. that the
complainant succeeded in overcoming he nreiudice
and ignoranceof the people on the subject and
persuaing the public that his invention was useil:
after he had esabIis its great utility and valre
and 'when his genius and patient perseverance, in
spite OF sncers ana scoifs," were completely sue.
cessful, that Reed, who had before made experi.
ments on the same su,je,t and was unsuccessful.
imagined that he had the best right to the invention
and after purchasing OF more Complainant's tor
pedoes. he applied on the 1st of November. 1867
for patent for substantially the same combina.
tOn. OF devices and achinc contained in connlain-
ants patent. On the 18th of the same month the
respondents formed themselves into company or
eorporation called '.Ihe Reed Torpedo Company, y
for the purpose of pirating the co,nDainant,s in
Nention, and supp Drtin the expense OF liti,rati0n
and thus defraud him of the fruits. They have be.
severed. even ater the re.iminary Injunction Very
properly granted by the District Judge
Let 4 decree be entered for complainant for ner
petual injunction. and Master appointed to take
an account ACCORDING to the prayer Of the bill.
H. G. GlIER, Judge.
EorE-Thc passage referred to bv Judge Grier in
his fsrmer decision, Wallace, p. 300 adopied as
applicable to this case was as follows:
at Is usually the case when any yallatle ti.cov.
cry is made, or any new machine Of great mi ity s
invented, that theatenton of the public has been
turned to that subject previously. and that many
persons have be m making researches and eyueri
ments. PHILOSOPHERS ana nlechanicians NAV havp
III ssme measure anticipated in their spscuiations
the possibility or probability of such discovery on
invention: many experiments have been successful.
ly tried, coming very near. Yet falling sbort ot tLa
desired result. They have produced nothing bene-
fetal. The Invention whcl perfected may truly he
said to be the cuninaiing point OF many exDeri.
mon 4, not only by the Inventor, hut by many oth.
ors lie may have proiited indirectly by the nsrIc.
ce'siul experiments and failures of Others but il
Eifes them no right to claim share of the honor of
the profit Of the successful inventor Ii is when
speculation has been reduced to practice when e,;
pertinent has resulted in dis :oyery and when thar
discovery has been perfected by patient ana cOntin
ued experiments when some new componnd art
nianuiacture, or machine has heen thu produced
which Is useful to the public that the PARTY making II
becomes apubic beneactor and entitled TO a patent
"lind yet when genius and patient perseverance
lave at length succeeded, in spite of snecrs and
kcofs, some valuable inventiOn or disco-ery how
seldom is il followed by reward Envy robs him
Of the honor, while spectators, swindie's, and p
rates rob him OF the profits. Every unsuccessful
eXperin,nter who did or did or did not come yer,
near making u discovery now claims it. 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 Wood
worth to prove that this is the usual history of eve
~ great discovery or invention.
1.-THE present case aOds another chapter to th
)nng and Uniform history."-2 Wallace, c. Z. lie
ports p. 292.