The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-09-06

'TORPEDOES.
THE RWB ERTs
,fETR0LEUM ToRpED0 co.
Office at the
RED planning MILL,
oorncr of Pine and second streets,
Near the Ratiroad,)
ITUsvILLE, PA.
Owing to the large anu increasing demand for the
Roberts Torpeloes, aud the late decision of the
Corpmissio nc- of Patents IN retr sing to VIM Reed
apa.snt, and the ,.is m of Judsc Il. q Grier sl =
tliuing the k.bsrts' pitent they lnve Low Erred
the price of their Torpedoes
TWEEN ~. PER CENT.
20 that every Operator can afford 10 try a rorpedo
before abandoning Well.
The following is the decision rendered by Judcc
SS r,er 10 on tue ,a Ssa day of September
phia The case was argued three days by Charles
1snss ~ Ms'ler ns pf New YORK Inca. and A. rur.
Harding of Philadelphia, and George L. Ihristy. oi
Pittsburgh, for plaintiff.
OPINION OF JUDGE GR1ER
As write with difficulty can only state ,he con
clus.ons to which my mind has come after caret,,
examination Of this case.
The comnlainant has exhibited patent dated
25th Of April, 1876. This Is prma facie evidence of
agood title and puts on the respondents the bur
den OF proof that the patent Ia void or worthless
need not repeat my remarks in the case of Good
year va Day Il Wall, c. c. Rep: a29,) hut now
adopt them ss atfording rule OF decision Which an
plies clearly to the present case.
As the Infringement of the patent is admit ted
the only question will be rs to the validity OF com
plainar's patent Of April 25, 1858.
"lf WAS alter speculation had been reduced to
Pracicc md after repeated experiments. thai the
complainant slccceded in overcoming he prejudice
and ignorance OF the people on the subject, and
persuadng the public that bis invention was usenIl:
after he had established its great utility and yalue'
and when AIS cl. Us and patient perseverance, in
spite OF sncers and scol-,' were completely sue.
cessful, that Reed, who had before made eyneri
mcnta on the s1me subject. and was unsuccessful.
Imagined that he had the hest right to t,einvenOp
and alter purchasing one or more complainant tor
peGoes. he applied ON the 1st of November 1871
for pltunt for substantially the same comhina
tions of devices ardr achinc ntained i'm comuloin
ants pateut On the 18th Of the same month the
respondents formed themselves into a company or
cogROraffOn called "'rhe Reed Torpedo Conprny y
FOR the Purpose OF pirating the complainanis in
vertinii, aud supporting the expense OF litigation.
rid ih- defIund him of the fruits They have ne.
severed. even after the preliminary Injunction very
properly granted nv the District Judge.
-. u,cree ne entered complainant for per-
a!i account according to the prayer of the bill
H. Z. GitlER, Judge.
NorE-The massage referred to by Judge Grier in
hts former decision, 3 Wallace. y. 2gg alopted as
app icabfe to this casa was as follows
''lt il gsualy the case when any valuable di.cnv,
cry IS s'adc or any new machine Of great u,i v IL
trve,lfcd lat tire attention! of the public has be,n
turned to that subject previously, and that mnny
peraons hive been making researches M d ex1uri
men's Philosophers and mecllanciars NAV have
IL SOME measure anticipated in their sp .crilot;nns
the possibility or probability of such discovery or
invention; many experiments lnve been successful.
~ t,ed, coming very near yet falling short ui the
Ge-iIed result. They have produced nothing hen.-
iicial The Invention wheI perfected may truly be
sad TO he the eliminating point OF many cXneri.
men :, hoi on ny the Inventor. hut by many 9th.
or@ lie may have proi.ted indirectly by the i,nslIc
&c '-fu' experiments and failures of olher, but II
give" item no f'Ght to clam share OF the he nor Of
Use profit OF he successful inventor II Is wben
speculation has been reduced to practice when ey
peri;nent ,il- resulted Ia Gs ,)vcry and when that
ni-coycry has been perfect ny patient ana contn
ilei evi-rn ;nts, when some new ciInDound arr
Si2nut,cture or manhiDe has bean Thu. produced
Nc ie Hsetul to the pubc TINT the party making IL
be -lui'S opubic bCnetacor and en- titled To paent
Aud yet when genius and patti, nt perseverance,
hnve Mt length succeeded in spie of spters nnd
s"oit'' some vn'uabi. invention or discovery, how
seldom j. il followed by reward Envy rohs him
VI the honor Hhilc speculators, swindle 8, ana nj
rates rob him ol the profits. Every un.ncce. sul
cXIierimen!er who did or did rr did not come v,ry
near making n discovery now claims it. Every on,
who CAL ii,vaI.t an Improvement or vary its form,
claims right to Iirale the original discovery We
NEED not summons Morse, or Bllnchnrd. or Wood
worth to prove that this is the usual history of eve
~ treat discovery or Invention.
"the present case ndds another Chaptcr to this
long and uniform history.'-2 Wallace, c. Z. Ike.
porte p 29l.