The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-27
aoBERTs' PEFRULkUM TORPEDO

HobEhIS fErROLEUM lckfEDO
FORP ES.
THE ron HnTs
PEgRuEEUM TaRPIDo CO.
Office as the
EaD PLANNING MILL,
Corner oI pine and second s,rceta.
Near the EatirOssdO
TITUSVILLE, PA. :.
Owing to the large and increasing demand FOR the
hooeris Torpetnes, and the ia,e decision OF The
CoMinssioner OF Patents ii reiusiuI To " IN. Reed
patcnt. And the dltsi III of judge A. u Gner sus
tanning the ,tubsTts' pItcnt thoy have LOW EitGD
tue price oi ineir forpedoes
TWENTY. PER CENT.
40 that every Operator can afford ~ Try a Torpedo
before abandoning Well.
Ihe following is the decision rendered BY Judre
Grier on the twenty second (2al day OF Selts,ub,r
ise, IN the United States Circuit Court u, Pm ade
phia The case Was argued three days by Uhares
NJ. Keller OF New York, D. T. Lucas and ;. A. Pur.
Vance OF Pittsburgh, for defendants, and GEORGE
Harding OF Phiiateiphia, and George H. 1hri.,y, vf
rit'sburgh, for plaintiff.
OPINION OF JUDGE GRIIR.
As write with ditfeusty can only state the con
c'usions to which my mind has come sitter csr,Iu
examination Of this case.
khe com iiainait nss exhibited a patent dated
2tn OF April. ISIS. This is prima fuc. eyideuc. OF
good title, aud puts on the respondents the bur.
den Of proof that the patent is void or worthless
hcea not repeat M remaras III the case of Good.
year Va. Day u Wall, &. c. ReI; x.g,J b., nov,
adopt them as aitording rule oi decision which AZ.
pic> clearly tu tnc pi esent case.
As the iuirlnSeflSlt fs ny,
the only question Will be Us to the validity pi COM
painanis patent of April 21, 1858.
~ was after speculation had been reduced TO
practice" and alter repestsd experiments that the
comp'ainant succeeded in overcoming he prejudice
: And ignorance OF the people the subject and
persuading the paollc that his invention useu;
after he had established It's great utility and vsiue
and "when his genius anu patient perseverance, i'm
spite OF sncers and scos,n were completely sur
eessfnl, that Reed, who had before made expert.
meuts on the same subject, and was unsuccessful
imagined that he had the best right to invention
AID after purchasing one more Conplainant's tnr
pedoes, he applied on the lat OF November, 1851
for patton, for substantially the same comhina
tions OF devices and achiu" contained in COMPLAIN.
ants pateut. On the 10th OF the same month th,
respondents lormed Themselves into.a company or
corporation called "TEe keoi Torpedo COMPANY
for the parpose Of piratng the comp lanant's in.
ventlol aud supporting the expense oi litpation
and thus defraud hin Of the fruits They have peg
severed, even otter the preliminary Injunction very
| properly grantel by the Estrct Judge
Let a decree be entered ,r complainant for A per
petual 'n!unction. ar u ster appointed to take
Al account according to the prayer of tn. bill
Il. q. 1RIER Judge
NorE.-Thc passage referred 10 BY Judge Grier in
his former decision, Wallace, p. 2s3. adopted as
app icsbie to this case was as follows:
at ID usually the case, when any valuable .coy
cry Is made, or any new machne Of great III ity l.
invented, tiat tine attention Uf the public ha, he,n
turned to that subject previously, aud that many
persons have been making Researches and experi
| ments. PHILOSOPHERS ana mechanicans NAV nave
IN some m:asnre anticipated in their spe cu aton-
| the possibility or probability Of sueh discovery or
invention; many experiments nave beei successtnl.
y tiled, coming Very near. yet falling shors of the
desired result. They have produced nothing bpn,..
hcai. The Invention whsi perfected may truly he
said 70 De the cuiinna'ihg point OF MANY expert
men 3, not only by the inventor, but by many 9th.
Ors lie may hiv. prOhted indirectly by the i,nsn,
cessf,ll experiments and failures of Others, but i,
gives them no right to cam share OF the honor OF
the prol OF the successful inventor Ii IL when
specni"l1h 'iss peen REDUCE to practice WHOM ex-
pertinent has resulted in discovery and when lai
discovery has been perfected by patient ana contil
ued experiments whom some new conpolnd art
manutactuie, or machine has been iLli. producr Il
which is useful TO the public that the party man il
becomes spublic btneiactOr and enti:ledto pstent
"Ant Yet when genius and patient persererancr
| have ut length succeeded, in spite of su,er. and
| -cofs, some valuable Invention or cisco"ery how
seldom Is IL followed by reward Envy roLs him
OF the honor, hiie speculators, swnd e. o. and ui-
rates rob MIN vi the profits. Every unsuccess,ul
experimtn nier vino did or did or did not come y,r,
near making diHcovery now claims it, Every oI,s
| who can invent an Improvement or vary its form
claims right TO pirate the original discovery vi
need not summons Worse or Blanchard or Wood.
worth to prove tnat this Is the usual history of eve
ry great discovery or invention.
| "The present case a0ds another chapter tn fiji.
long and uniform hiatory."-2 Wallace, C. 4. Ike.
ports p. 202.