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

RObEkTS' PkTkObEUM TOkfEDu.
eTORPEDOES.]
THE NOBERTs
PETROLEUM ToRpEDe 90.
Office at tho
RED PLANNING MILL.
COrner Of Plne aud second Strccss,
:Near thc RatirOad)
TITUSvfLLK, PA. ::
Owing 70 the Mrge and increasing demand for the
H.'Uerts' Torpedoes, and the late decision Of the
OUnlmisStoner Of PAtsnts IN refusing to Vim. Reed
:.ss. H. S.n ssey r.
ne prlss Of their Torpedoes
TWENTY PER CENT.
- that every Operator can afford 10 try a Tppedo
before abandoning Well.
'hs following is the decision rendered by Judge
sar icr on the twentysecond (92) day of Seuenber,
ley in the United States Circuit Court at Philadel.
n. Keller Of New York, b. p Lucas and S. A. Pur.
vtance OF Pittsburgh, for Defendants, and George
Harding Of Philadelphia, and George H. Chrisiy, u
Pittsburgh, for plaintiff.
OPINlON OF JUDGE GRIER
Az ] write With dihiculty can only state the con
examination Of this case /
m comnlainant man has exhibited . pa.en. dated
Sdn Of proof that the patent is void or worthless
need not repeat my remarks in the case Of Good
year year, y; ,s Day e wall, c. C. Rep s2el bpt now
pics clearly to the present case.
A. the infrngement Of the patent Is admitted
Ne only question viii bs 6 to the validity Of
''lt was after speculation had been reduced to
practice" and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
persuad,ns the public that his invention was nsef,il:
afRr he had established ita great utility and .yalue
and "when his genius and patient perseverance, in
eessful, that Reed who had before made expert.
nents on the same subject, and was unsuccessful,
imagined that he had the best right to the yenon
ps5Oes. he applied on the 1st Of November, 1887
fnr patent for substantially the r,me combina.
Hons Of devices and machine contained in complain
ants patent. On the 18th OF the same month the
respondents formed themselves into a company OF
corporation called "The Reed Torpedo Company,
for the purpose of pirating the complainani's in
and thus defraud hin, Of the fruits. They have PEI
severed. even sitter the preliminary injunction very
properly, granted bv the District Judge.
Let a decree he entered for complainant for n per
pstusl injunction. and Master appointed 10 take
an account according to the prayer of the bill
X. q. GRIER, Judge.
NorE-The passage referred to bv Judge Grier ir
sis former decision, 3 Wallace, p 200, adopted a,
applicable 20 this case was as fUllnws:.
:lt fs usually the case, when any valuable discUy
cry In made, or any new machine Of creat utility Il
Invented. that the attention of the public has beer
turned to that subject previously. and that man.
persons have been making researches and cxperi
ments Philosophers and mechanic;ans NAV hav,
IN ssnie measure anticipated in their specu'ation
the possibility probability of sueh discovery o
invention; many experiments have been successful
" t,ied, coming very near yet falling short of thu
Ces,rcd result. They have produced nothing bene
hcial The Invention when perfected may truiy b,
sAid 10 be the eliminating point of manv expert
men 2, not only the inventor. hut by many 9th
ors. tie may have proflted indirectly nv the Insuc
ceAsful experiments and failures of others. hut 4
gives them no right to claim share OF the he nor O
the proht OF the successful inventor II IL whcr
speculation ias been reduced to practice when ex
pertinent has resulted in els ;overy and when TIM
discovery has been perfected b. patient ana contin
ued experiments, when new cornpound nrt
manufacture. nr machine has been thu. produced
which Il useful to publicthat the party making
beAomes apublic benefactor and entitled tn parent
"And yet when gen'ns aud patient perseverance
have at length sncceed.d, In spite Of sneers aut
sooIs. some valuable invention or disco-ery, hov
seldom Is Il followed by reward Envy robs hin
Of the honor, whiic spectators swindlei s. and nj
rates rob him Of the profits. Every un.ucces sin
sxperim'nier who did or did or did not come yer
near making discovery now claims 1t. Every on
who can invent an Improvement vary its form
riaims right to pirate the original discovery W
need not summons Morse, or Blanchard or Woot
worth tn prove that this is ths usual history of CIV,
~ great discovery or invention.
''rhe present adds another chapter to thi
bonc and Uniform hstory."-2 Wallace, c. c. X,
Pogts ? s92.