The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-17
OPINION OF JUDGE GRIER

AS- Pits'AAeias.
OPINION OF JUDGE GRIER
AS wrtewith diilculty can only state the con
smsloas 10 wcn NJ! inind has come after careiti.
The com Jlipant has exhibited patent dated
0tn OF April 1853. This is priml fice evidence OF
good title, and puts on the respondents the bur.
dss OF PROOF that the patent ia void or Worthless
Rced not repeat my remarks in the case of Good
year We Day (2 Wall, c. G. Rep; 2.9) but now
adopt them rs siicrtiug rule G! decision which an,
plies clearly 20 the present case.
As the Infringement of the patent is admitted
the only question VIII be the validity OF com
plainanis paten. of April ?5,iS5S
III was ater speculation had been reduced to
pfactlce, Gnd after repeated experiments tut the
complainant succeeded III overcoming he preindice
and ignorance OF the people uu the. subject, and
Psrsaa9ing sae paolic that his invention Mas usel:
after he had established its great utility end v,lna
and when i.s genus and patient persaveglnce in
spite OF sncers and scois, were -conpcteIv snc
ses-fl!, tnat Reed, VINO had before made expert.
inert3 on the same suhect, and WAS unsuccessful.
imagined thar he had the best righ To
arc after purchasing one ef more complanautis Tor
Pedoes. he applied on the lst Of November, 1851.
sSr ps'su. pa ior su1s'ahltaiiy the same combiua
Gvns ol ueYIces at ,achine contained in complain.
ants patent. On the 18th OF the sane month the
Sspoiuehts ior!ned themselves into q company or
ssotpoI".iun cslie9 The Reed Torpedo Company
Tor the purpose Of prltins the cumnlainant,s in
vention, anu supporting tue expense OF itiration
AUD thns dairaud him Of the fruits. They have nee
severed, even after the preliminary Injunction very
Let decree DC entered for complainant for - nor.
petosi 'nJuaction, and a Master appointed TO take
m scsouht accorcina to the prayer of ihe bill
It. Z. GRIER, Judge.
NorE-The passage referred to BY JUDGE G,ier in
his former dec'son, Wallace, D. 2sg adopted ~
@ppIic1ois Ir to IN, Ia sass was a foiiows:
cry Is Uade, or any new machine of cr.at mi itv ia
invented that tie attention OF the uubI,c ha. basn
turGei TO mat subject PREVIOUSLY ana th.t may
persons have been making researches and eyneri
n.eus. @ tHioaophers ana mechanicans may hav,
a. s'iii9 ni.Hsure anticipated in their sp GU a;ous
te possiolnty or PROBABILITY Of such discovery or
inVeatiou; many experiments have been sccnssrnl
uisu coming very hear. yet falling short of the
Cesred reslIl lt. They hare produced uolh;nr- benp
go, ;I 20 nG iasenuoh wiet perfected may truly be
s-!d 10 pe the eliminating point OF many exnsri-
non $, not ony by the Inventor. but by many OH.
ers ie may nave p-Olitcd indreclly hy the Tu.uc.
e:-sai experiments and failures of others hut il
..,o'i no rIi1 30 cia II share oil the hCnOr OF
me prom OF the successful inventor II il when
tpecul.ton has been reduced to practice when ey
pesiient ha- resulted in discovery an, when r. 1ot
Wsco'ery hdi been perfected Dy patient ana contin
..i Hps..'ileAts wheu some new compound, art,
n'annttctuie. or machine has been ,hn nrodlced
which Is useful to the public that the Marty il
bssomes apublic bcneflctor and entit ed 70 iarent
"And yet wien genius and patient perseger;lrIc..
nave al lehgth sacc seded, in spite of snt crs and
scon5 some valuable invention or Cisco,.ery how
seldom il IL io!l0,vei by reward. Envy robs hin,
OF Tue nonor, while speculatOrs syvirdle and III
rates ROB him of the profits. Every unsuccessful
sApernenter who did OR did or du not come very
near ha.ing discovery now claims H. Every one
WHO can invent an improvement or vary its iurm,
claims right to pirate the original discovery We
h.ei pot summons Morse, Or Blinchaid or Wood.
worth To prove that th- IL the usual history OF eve
~ srrat discovery or Invention
The Present aGds another chapter 10 this
long anu uniform history ."-2 Wallace, c. G. Re.
ports p sea