The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-15

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TORPEDOES.
THE ROBERTS
PETROLEUM TaRpEDo 60.
Office at the
RHD planning MILL.
.0ornsr Of Pine and second streets,
Il = Near the Ratfrcad,)
TITUSvILLE, PA. ::
HONerts TOrpeiOei. ana the late decision OF the
Com,nesio ser Of Patents 10 refusing TO W m. heeu
patent, AID the decision Of Judge r. G.Ier sns-
tauny the Roberts patent they have LoW hnED
the pfiss Of their Torpedoes
tr5 TWENTY PER CENT.
% ttsst every Operator can a5brd 10 try o Torpedo
eefuDe abandoning Well
ri,e followins Ia the decision rendered BY Judge
oriR on the twenty second (22) day of September,
1s9 in the United States Circuit Court ut Philade
phix. The case Was argued three days by Charles
= Keller Of New York, B. =. Lucas and s. A. Pur-
yiapcs Of Pittsburgh, for defendants, and George
Harding Of PHILADELPHIA and George L. Christy, Of
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER.
A. write With difficulty can only state the con
elusions to which my mind has come after a careful
examination Of this case. |
25th Of April 1855. This s prma facie evidence of
q good title, ana puts on the respondents the bur
den Of proof that the patent is void worthless.
year vs. Day i2 Wall, G. c. Rep; 229,) but now
adopt them az afording rule Of decision which ap
plies clearly to the present case.
A. the inirnssms9nts as9t OF the patent !: admitted
plainants patent OF April 25, 1883.
st was after Speculation had been reduced to
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance OF the people On the subject, and
persuading the publiG that hfs invention was useful;
after he had established its great utility and value
and "when his genius and patient perseverance, in
spite of sncers and scotfa" were completely sue.
sessfnl, that Reed. who had before made expert
ments on the same subject, and was unsuccessful,
imagined that he had the best right to the invention
aud alter purchasing one OF more Complainants tor
psdoes. he applied on the 1st of November, 1861
for pstent for substantially the same combina.
lions or devices and machine contained in complain
ants patent On the 10th of the same month the
respondents formed themselves into company or
corporation called "The Reed Torpedo Company ~
fer tae purpose OF rirating the complainant's in
and thus defraud him Of the ftuix. Theyhaye per
severed, even afr the preliminary injunction very
properly granted by the District Judge.
petual injunction. and Master appointed to take
An account according to the prayer Of the bill.
H. q. GRIER, Judge.
NorE.-The passage referred to by Judge Grier in
hie former decision, Wallace, p. 200 adopted as
applicable to this case was'as follows
"!t Is usually the case, when any valuable dscov.
efy 10 made, or any new machine Of great utility Is
invented, that the attention of the public has been
turned TO tina. subject previously, and that many
persons have been making researches and expert.
ments. Philosophers and mechanicians NAV have
In 1emo measure anticipated in their speculations
the possibility or probability Of such discovery or
invention; many experiments have been successful.
y iiied, coming very near. yet falling short of the
desired result. They have produced nothing bene
dcial TIE invention when perfected NAV truly be
raid to be the eliminating point OF many expert
nsns, not only by the inventor, but by many 9th.
Ols He may have proited Indirectly by the insuc.
e?ssiul experiments and failures of Others, but it
,fvcs thsm no right to claim share Of the honor Of
S-e p,ctt o. the successful inventor 1t is when
tp:1Gt: on has been reduced to practice when ex.
p.ri.sns .,as resulted ~ discovery and when that
eascoverJ has been perfected by patient ard contin
nod expefiserts, when some new compound art, |
Gf'uuacture, CT machine has been thus produced
which is usefr 70 ths pgbc, that the party making il
sseonles apuhEc seneasctor and entitedto patent
"Ana yst when genius and patient perseverance |
have at length succeeded ia spite of sneers and
seohs, some valuable invocation or disco-erv ho,v
seldom & Il followed by regard Fnyy roibs him
Q. the homo, while spectators, swndlefs, and p-
rates rob him Of The profits Every 1,ucces,ffl |
eIperimentsr who did or did or did not como vepy
net, making discovery now claims It. Everv ons
who car invent an Improvement or vary its form.
saiIos right to pirate the original discovery We
need not summons Morse, or Blanchard, Or Wood
r great discovery or invention.
"is9 present case adds another chapter to this
1one and uaiorm history."-2 Wallace, G. g, Re-
pogs5 p 49,.