The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-12


:TORPEDOES.
THE isWDERTs
PETROLEUM TORPEDO 90.
Office at the
RED pLANING MILL.
covnsS at Pine and second streets,
;Near the IaailfOadJ
TITUsVILLE. PA. ::
0xsuS n the large and increasing demand FOR the
ltb,rssf TOspedoes md the late decision ot the
&ymmi~i.'Nsr Of patsnss IN retusing to VIM. keed
vaient, sad the dH:tsi N Of judge H. Y. G1er sus-
kSkuRs the ttob,rss' pltent they have LOWEkkp
fhs priss VI their Torpedos
TWENTY YRE CEH1.
~ s.sa every Operator can afsoru ~ Try Torpedo
b<fOrs abandoning Well
'rhs Allowing II the decision rendered BY Judge
0riss on the twentysecond (22) day of September,
is in the United States Circuit Court at Philadel.
phia The chse waa aryued three days by Charles
n. Keller Of New York, y. y. Lucas and S. A. Pur-
vlsnos Of Pittsburgh, for defendants, and George
Harding Of philadelphia and George Il. Shris,y, Of
1ttssbuFh, for plaintiff
OPINION OF SUDGn GR1EH
A. write with difffcnlty can only state the con
shHsicns to which my mind has come after carefu.
ssamtuatin of this case. !
Ibs complainant has exhibited . patent dated
x:h q April, 1865. This 1. prima facie evidence Of
a:n Of proof that the patent ia void or worthless
Ipeed not repeat my remarks in the case of Good
year " Day q Wall, G G. Reps 2ao) but now
pIics clearly to the present cise.
A. the infringement Of the patent Is admi, ted,
the only question will be q. g the validity of com
p .it wa. ssI after specuaon % ~ had had been redu.ed to
practice and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance OF the people on the subject, and
after he bad established its great utility and value
and "when his genius and patient perseverance, in
spite Of sncefs and scols," were completely sue.
Iusuts on the same subject, and was unsuccessful,
imagined that he had the best right to the invention
aud after purchasing one or more cOmplainants tor
psdoee he applied on the 1st Of November, 1857,
In patent foy substantially the same combina.
Cons Of devicet and achine contained in complain.
ants patent. On the 18th Of the same month the
respondents formed themselves into q company or
corporation called "rhe Reed Torpedo Company, ~
for the purpose OF printing the cOmplainant's in.
vsnton, and sugporting Z the expense Of litigation,
sevsred even afer the preliminary injunction very
properly grasted by the District Judge.
Let decree be entered for complainant for per-
an account according to the prayer Of the bill.
4 z. GRIER, Judge
Norx.-rhe passage referred TO bv Iudge Grier IL
Id former decision, Wallace, p. 299 adopted q
applicable TO this case wss as follows:
"lt IL usually the case when any valuable di.eov
Sy is Wa1e or any new maehine Of great utility Il
invented, that the attention Of tho public has beer
turued to that subject previously, and that many
persons have been milking researches and expert
Dients. PHILOSOPHERS and mechnnicians NAV have
tn ssne measure anticipated in their speculation;
She possibility Or probability Of such discovery OF
invention; many experiments have been successful
y tiied, coming very near. yet falling short of the
desired result. They have produced nothing bene
hcial The invention when perfected may truly be
sid to be the eliminating point of MANY expert
men q, not only by the inventor. but by many 9th
ors. He may have profted indirectly by the ilnsuc
ssSsful experiments and failures Of Others, but II
gives them NO right to claim share of the honor o
the profit Of the successful inventor 1t is when
qbecuation has been reduced to practice, when ex
pertinent haa resulted In discovery. and when tha,
discovery has been perfected by patient and coutin
ned experiments, whom some new compound art
hanufacture, or machine haf been thus produced
which is useful to the public, MAT the party making Il
IAN yuAwhen genius and, s0isAt perseveranc,
1ave af lepety succeeded, int8pt,as Of snesrs ant
pUofYs. sHe Valuable invention ue oiseo"ery, how
seldom isfollowed by reward & EpDy robs hin
yates rob him Of the profits Every. unsuccessful
sxperimenter who did or did or did not come YER
NEAR making dhcplery now claims It. Every on
Who csn invent GN9&Aprovemeut or vary its form
claims right to pirate the ORIGINAL discovery W
NEED not summons Morse or Blanchard, or Wood
" great discovery or invention.
1.-THE present case aods smother chapter to thi
t,nr md Uniform history. "a Wallace, c. L. H
1oRb p N