The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-04
TORPEDOES.
THE Roberts
PETROLEUM T8RpED1 co.
Office at the
RED pLANING MILL.
Corner of Pine and Second Streets,
Near the Railroad,)
TITUSVILLE, PA.

Owing 10 the large and increasing demand for the
Roberts Torpedoes, and the late decision of the
apatent. and the decision of Judge II. Z. Grier sus
tanning the Roberts patent they have LOWERED
tho price Of their Torpedoes
TWENTY. PER CENT.
so that every Operator can afford rv.try Torpedo
before abandoning Well.
Ihe following is the decision rendered by judge
Grer Girls on the twenty;second (a2) day of September,
phia. The case was argued three days by Charles
nj. Keller of New York, B. \. Lucas and 5. A. Pur.
yiance of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George H. Chri.ty, Of
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER
As write with difficulty can only state tho ron
clusions to which my mind has come after care.r
examination Of this case.
o.n The complainant man has exhibited patcn. dated
good title, and puts on the respondents the bur.
den Of proof that the patent is void or worthless
need not repeat my remarks in the case Of Good.
adopt them as atfording rule Of decision which an
plies clearly to the present case.
As the iniringement of the patent is admitted
plainants patent of April %, 1858.
"lt was after speculation had been reduced to
practice, aud after repeated experiments, that the
complainant succeeded In overcoming he prejudice
and Ignorance Of the people on the subject md
persuadng the pnblic that his invention was useili
after he had established its great utility and value
and "when his genius and patient perscyerance. in
spite of snccrs and scoifs," were completely suc.
cessful, that Reed, who had before made expcri.
meats on the same snbjcct, and was unsuccessful,
imagined that he had the best right to the invention
aud after purchasing one or more ComDainantis tor
pcdoes ho applied on the 1st of November 1897
Tor a patent for substantially the same combina-
tionS OF devices and machine contained in conDlan
ants patent. On the 18th of the same month Tho
respondents formed themselves into a company OF
corporation called '.The Reed Torpedo Company u
f,rtI tI,ap as.f -,
vcntloil, ana supporting tho expense OF litigation
and thus defraud him of the fruits. They have pc,
severed even after the preliminary Injunction very
properly granted by the District Judge
Let decree be entered for complainant for n nor
petlial Injunction and a Master appointed to take
IN account according to the PRAYER Of the bill
Ii. q. GItIER, Judge
NorE-Thc passage referred to by Judre Grier in
his former decision, Wallace, p. 290, aIopted as
applicable to this case rs follows:
ut Is usually the case, when any valuable discov
cry Is made, or any new machine OF great lti ity i.
invented that the attention of the public has been
tlrned 20 that SUBJECT previously, and that many
persons have been making researches and eypori
mcnts. Philosophers and mechanlcians NAV have
IN some measure anticipated in their specUiatons
tne possibility or probability Of such discovery on
invention; many experiments have been successful
~ uled, coming very near. yet falling short of the
desired result. They have produced nothing benc
neal me Invention when perfected may truly be
said to he the eliminating point OF many eyDer.
mems, not only by the inventor, but by many q,
ors. He may have proilted indirectly by the ilnsuc
cessful experiments and failures of others brt II
gives them right to claim share of the Rcnor OF
the profit of the successful inventor 1t is when
speculation has been reduced to praCticc when ex.
pertinent has resulted IN discovery aad when that
discovery has been perfect by patient ana con,n
ued experiments when some new compound art
manufacture, or machine has been thus produced
which j, useful to public that the party making II
becomes apubc beneiactOr and entitled "a Il patent
sand yet when genius and patient perseverance,
have at length succeeded in spite of sieers and
SCOTS, some valuable invention or disco'ory how
seldom is IL followed by reward Envy robs him
OF the honor, whc spectators, swindlcrs, and ri
rates ron him OF the profits. Every unsuccessful
eXI,erimentcr who did or did or did not come ycr,
near making discovery now claims IT, Every oiit
who can invent an improvement or vary its form
claims right to pirate the original discovery ",
need not summons Morse, or Blanchard, or Wood
worth to prove that this s the usual history Of eve
ry great discovery or Invention.
"rhe present case adds another chapter to thi
long and uniform history Wallace, c. Z. Re
ports p. 29a