The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-07-06
ROBERTS PETROLEUM TORPEDO.

ROBEkIS fEThOLEOM IOktEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office ut the
RED FLAMING MILL,
Corner OF Pine and second streets,
l(Ncar tho RailrOad,)
1TUsvILLE, PA.
Owing to the large and increasing demand for the
Roberts Torpedoes, and the late decision of the
Commissioner Of Patents in refusing TO VIM. Reed
PATENT and the decision of Judge K. &. Grier sus-
tanning the Roberts patent they have LOW WERED
the price Of their TorpedOes
TWENTY PER CENT.
40 that every Operator can afford.tv try Torpedo
before abandoning Well.
Thc following is the decision rendered by Judge
Grier on the twenty.second (22) day of September,
1862 in the United States Circuit Court at Phladel.
phia. The case was aryncd three days by Charles
NJ. Keller Of New York, B. +. Lucas and S. A. Pur..
viance of Pittsburgh, for defendants, and Georre
Harding Of Philadelphia, and George Ii. Chrisiy, o
Pittsburgh, for plaintiff
OPINIONsOF JUDGE GRIERl
As write with difficulty can only state the con
clusions to which my mind has come after care;u.
examination of this case.
The complainant has exhibitedsaTpatent; dated
25th Of April, 1865. This Is prma face evidence OF
a good title, and puts on the respondents the bur.
den of proof that the patent is void or worthless
year vs. Day (a wall, C. C. Rep; 229,) bnt now
adopt them as aording rule OF decision which an.
pics clearly to the present case.
As the infringement of the patent is admit ted.
the only question will be to the validity OF com.
plainants patent Of April 25, 1858.
''It was after speculation had been reduced to
practice and after repeated experiments that the
complainant succeeded in overcoming he preiudice
and ignorance of the people the subject, and
persuading the public that his invention was nsel:
after he had established its great utility and value
spite of sncers and scotfs,' were completely sue.
cessfu that Reed, who had before made expert
menis On the same subject, and was unsuccessful
imagined that he had the best right to the invention,
ard after purchasing one OF more complainant tor
pedocs, he applied on tho LIST Of November. 1861
for a patent for substantially the same combina
tuns Of devices and machine contained in complain.
ants patent. On the 18th of the same month the
respondents formed themselves into company or
corporation called 'The Reed Torpedo Company, ~
for the purpose Of pirating the complainant's in.
and thus defraud him Of the fruits They have pe..
severed, even after the preliminary Injunction very
properly granted by the District Judge
Let u decree he entered for complainant for per.
petual injunction, and a Master appointed to take
IN account according to the prayer Of the bill.
Il. Z. GRIER, Judge.
NorE.-The passage referred to bY Judge Grier in
his former decision, Wallace, p. 300 adopted as
applicable to this case was as follows:
at is usually the case, when any valuable discov.
cry Is made, or any new machine Of great ulity 1.
invented, that the attention of The public has been
turned to that subject previously, and that many
persons have BEEN making researches and expert
nieuts Philosophers and mechanicians NAV nav.
III some measure anticipated in their speculation.
the possibility or probability Of such discovery or
y lied coming very near. yet falling short of the
desired result. They have produced nothing bene.
ficial. The invention when perfected may truly be
said to be the eliminating point of many expert.
men s. not only by the inventor, but by many 9th.
ors tie may have proiited Indirectly by The 1ps1,c
cessfl experiments and failures of others, but t.
gives them right to claim share of the honor OF
the profit of the successful inventor 1t is when
speculation las been reduced to practice when e,:.
pertinent - resulted In discovery. and when that
discovery s been perfected by patient ana contin.
| lled experiments, when some new compound, art.
manufacture. or machine has been thu, producetl
which is useful to thepublic that the party making il
boeoInss apublic ben factor and entitled to a patent
"Aud yot when genius and patient perseverance,
SCOTS, some valuable invention or discovery, how
seldom is IL followed by reward Envy robs him
Of the honor, whiie spectators, swindlers and MI
rates rob him of the profits. Every Unsuccessful
experiIn, nier who did or did or did not come very
near making discovery now claims it. Every on.
who can Invent an improvement or vary it's form,
claims right To pirate the original discovery We
need not summons Morse, or Blanchard, or Wood.
worth to prove that this ia the usual history of eve
nv great discovery or invention
.rhe present case adds another chapter tn this
long ana UNIFORM history."-2 Wallace, c. T.. Re.
ports p ~