The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-21
sUEBKrS' PETROLEUM TORPEDO.
aobbKrS' PETROLEUM TORPEDO.
NORP .EDOES.
THE, ROBERTS
PETROLEUM. TORPEDO co.
Office Rs the
Rad PLANlNG MILL.
Corner OF Pine ana second streets,
Near lne isatiroadJ
TITUSVILLE, Pa.

Owing 10 the large anu increasing demand for the
hoberts' Forpedpes, and the lale decision OF The
patent ald the d ttisi n of Judge 4. olter sus
taidini! the Roberts piteni trey lave Low EhED
The prlce " their rorpedo,s
TWENTY. PER CENT.
30 that every Operator can afford ,v try TORPEDO
before aoandoning - We'll.
The following is the decision rendered By judge
tirler on the twenty SECOND (22) day of Scflteu her
lSN, III The United states Circuit Court ut Phlace
phia: The case was argued three days by Charles
N Keller Of New York, b. Y. Lucas und : A. l'ur.
Vance OF Pittsburgh, for defendants ard Geprre
tiattins OF Philadelphia and GeO.ge H. Ihgisly, ui
i'Itisburgh for plantiE
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
e'rsous tn which my mind has come after "A car.:,,
examination Of this case.
ino cou.s siiinant has exhibited patent dated
18th of April, 1855 This is prma fcir evidence OF
good ttie ana puts on the Respondents the bur
den OF pro'l that the patent is VOID or worthless
need not repeat my remarks III the case of Good.
year v-; Day u Wall, G. c. Rsp; 229) bat now
adopt theni as aiordng rule OF decision which ap-
plles Clearly to the present Case.
As the Infringement of the patent Is admi, ted.
the only question will be as the validity OF com
I'plainants patent of April u, ,ls5s.
at Wa, after speculation had been reduced 70
practice, and after repeated experiments that the
complainant succeeded in overcoming he prejudice
and Ignorance OF tue people ON the subject and
persuaC!g tne ploilc that his inNenliOn WAS
after he had established Its great utility and y.lue
aad "when his genius and patient perseverance, in
spite OF sncers and scoil., were ConDl.tely suc.
ces-ful, tnat Heed, who had before made expert.
lIlents "it we same suocst, and uusucces -ful
imagined that he had the best ri h to tue Invention
II aiter purchasing one more COMPLAINANT tor
peioe>' he applied On the LIST of November lsG,
Tor patent iur substantially the same combina.
tiuns OF devices and IA ontaiued in co,nlnin
aIts patent. On the 10th of the same month ,he
respondents formed themselves into u company or
| "a. gs..lrl IN HAT,
for tns paipUse Of piratins the comDn; man,, In
venIion ani eupportin. the expense o. litigation,
and th's deiraud him of the fruits. They have pc
severed even alter the preliminary iniuuction Var,
properly SranteI by tbe Di>trict Judge.
Let decree be entered for cunpainan, for a per.
pet'iai 'hJuActlun and Master appointed 10 take
III account according - Me prayer OF the bill
H. y. GiIER, Judge.
NorE.-The passage referred to bv Judge Grier in
MS iorilier decision, Wallace, p. 2J9 .,dupted as
| app ictbie to this case was as follows
''lJ Is Usually the Case, when any yuluabIe discov
cry Is made, or any new machine of great mi ity j.
invented, that tne attention Of the public La. been
, turned 70 lhit suoJect previously, aud that many
per'ous Fave DeSn making researches and expert
meats. PhlUs'pn,rs ami nlechanicians NAV iay,
Ill some MEASURE anticipated in their sp.cri alton.
the poss loilty or probability OF such discovery ol
| invention: many experiments have beef successful
| " uleo, coming vary near. Yet failing short ui tn.
| Ce>ifed result Hhey have produced nothing bene
hcla Inc ansen'ioh whe- perfected may truly b,
| w.
men :, not only by the inventor, but by many 9th
ors tie may have proiited indirectly by the ilp.uc
cessiu experiments and failures OF Others, but II
gives theui no rignt to III share OF the honor o
| TIE proai OF the successful inventor II il wher
speculation Las been reduced to practice when ex
pertinent has resulted IN discovery anu when tina
discovery has 6een perfected by patient ana tin
ued experiments, when some new compouul art
| manufacture, or machine has been Thu. prodncet
which Is useii to theplbic that the party maxim.
becomes apubiic benctactor unidentified to a latent
ut,I 4.
have at length succeeded, in SPITE of sn, ers anC
scon-, some valuable invention or uisco"ery how
seldom Is il followed by reward Envy rob. hin
VI the homer. whiie specriators, swiud.cis and nj
rates rob him OF the profits. Every Unsuccessful
experimental WHO did or did or did lot come yer
near making n discovery now claim, H. Every on
who can invent an Improvement or vary its form
claims right To pirate the original discovery W
need not Summons MORSE, Blanchard ur Uood
worth to prove that this il the uslldl i-ory of eve
~ great discovery invention
"The Present case uGds another chapter TO thi
long and uniform history."-2 Wallace, Z. Z. X,
ports p. 2S2.