The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-05-16
TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office Mt the
RED PLANNING MILL,
Corner OF Pine and Second Streets.
Near the RatlroadO
ITITUSvILLE, PA.

Owing 10 the large and increasing demand for the
Roberts Torpedoe,, and the late decision OF the
Commissioner of Patents in refusing to VIM Reed
apaient. and the decision Of Judge r. Z Grier sns.
raiuing the Roberts patent they have LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
20 that every Operator can afford to try Torpedo
before abandoning = Well.
rbe following is the decision rendered by Judge
Grier on the twenty.second (s2l day of sentember,
phia. Tire case was argued three days by Charles
N Keller of New York, u. +. Lucas and 5. A. Pur /
yiance Of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George II. Christy,o
Pittsburgh, for plaintiff.
OPINION:OF JUDGE GRIER.
A. write with difficulty can only state the con
clusions to which my mind has como after careful
examination Of this case.
The complainant has exhibited "a patent dated
25th of April 1866 This IL prma facie evidence OF
good title, and puts on the respondents the bur
den Of proof that the patent Is void or worthless
need not repeat my renfSfks In the case Of Good
adopt them as affordng rule OF decision which ap-
plies clearly to the present case.
As the infringement of the patent j. admit ted'
tho only Question vii be ss s to the validity OF com
st was after speculation had been reduced to
practice, ard after repeated experiments that the
complainant succeeded in overcoming he prejudice
and ignorance Of the people On the subject, and
persuaoing the public that his invention was useful
after he had established ts great utility and value,
and "when his genius and patient perseverance, in
spite Of sncers and scOfs," were completely sue
cessful that Reed, who had before made expert
menis on the same subject, and was unsuccessfu
imagined that he had the best right to the invention
ard after purchasing one OF more complainant tor
pedoes he applied on tho 1st of November, 1851
FOR a patent for substap TALLY tho same cOmbina
uCns 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 ''rhe Reed Torpedo Company"
FOR me purpose of pirating the complananrs In
vertion, and supporting the expense OF litigation,
ard thus defraud him Of the fruits. They have pe..
severed, qter the preliminary injunction very
properly granted by the District Judge.
Let decree be entered for complainant for per
petua Injunction, and Master appointed to take
r. c. GRIER, Judge.
Nors.-The passage referred to BY Judge Grier in
his former decision, Wallace, p. 200 adopted as
applicable to this case was as follows
at Is usually the case. when any valuable discov-
cry .s made, or any new machine OF great utility is
invented tina. the attention of the public has been
turned to that subject previously, and that many
persous have been making researches and expert
ireats Philosophers ana mochanicians may have
in some measure anticipated in their specu'ations
the possibity or probability Of such discovery or
invention; many experiments have been successful
~ .,icd comng very near yet falling short OF the
desired result. They have produced nothing 6ene-
sid 10 De tho eliminating point of manv expert
Inon 8, not only by the inventor, but BY many 9th
ors. lie may have prohted indirectly by the nnsuc
csssfrl tx sriments and failures OF others, but 1t
si,es them no right to clam share Of the honor of
taa profit of the successful inventor. 1t is when
speculation has been reduced to practice when ex-
pertinent ha. resulted in discovery and when that
discovery has been perfected BY patient anG eonsia
snaruiscture on machine has been thu produced
VII IS useful to the public that the party making i
becomes spublic benefactor and enttledto patent
have ~ erstf succeeded, in spite tof ant ers land
.roff. me valuab.s invention Or disco"ery, how
seldom is IL followed by reward Envy roos him
Of the honor. while specnlasors, syindleis and pi,
yates rob him Of the profits Every unsuccessful
exberjmenter who did or did or did not come very
rear masking q discovery now claims 1t. Every on,
sho can Invent ali Improvement or vary its form,
claims right to pirate the original discovery we
need not summons Morse, or Blanchard, or Wood
worth to prove that this s the usual history OF eve
~ great discovery or invention.
"The present case aads another chapter to this
long ard uniform history ."-2 Wallace, G. q. he
psrts p 2s2.