The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-12-05
OPINION OF JuDGr cprrp

OPiNiON OF JUDGE GRIER.
As write with iiGicul;y can only state the con
exa'uinltion of this case S-"
., Lhc com .iainHnt mas exhibited q ratent DATED
.",H OF April lSoo This i prihia facie evidence 0f
soo g, aug puts on tie fospondents the bur.
Ss Vi piO't tiat the patent is void or worthless.
neei not repeat my remarks in the case # tnod
!enf W; Day u Wall, c. {. Rep: 29gD but nov
adopt them Us aiordnS a rule OF deci-i1r ,vt; III %
pics clearly TO the present case ~
a. AS t'c IuifluSement Of the patent is admitted
t1eoni! Question will be us to the validity of ,,m,
p!alllih's patent OF April 25 1855 - ~
"jt was after speculation had bean -a,,,o; g.,
PEicuce, ald aiier repeated experiments. thnt ths
complainant succeeded il overcor Nc he t,r;,,,;is
Te ~ Vi tue peopis on the subject, and
psfsdiYins he publ; that his invention w. nses,
h.'sf ne had Established its great u.iity and VII,
s' @ w Wnea ~ sehas and patienS PERSEVERANCE, in
eesstu tiNt iced. wlo had before, ,nnafic 80;
inents on tne same suhect, and was unsncc..fr,t
at ne hld the best right to the inyerisn
49, a , lns oilg OF more complainant tor
Ior , teAt lur substantially the same cr,,i,i,s
nOns .. ueseeS aid uachinc contained in colnD,ajn
~, isiac.' on the lot'i OF the same mouth the
eof1TM.rh called ''lAe Reed Torpedo (',,inr.y,.
iot iis purpose OF rrltins the c,,nDlninnni,s T.,
o oui,'5 , nii suppprtil. tho expense of litigation.
ald thue Gesauu hin of the fruits They n % 40.
severed even 'iter the preliminary Injunction ierv
properly granted b. the district jl,.,ge 'N'
osi @ atre. De entered for complainant for rer.
f-4t- n
AL account according to the prayer of rhe lii
H. Z. GH!E En-, Judge.
NorE-rhe passage referred 70 by Judo. (,rie. in
MS former DECISION, Wallace, D. 2yy .dontad al a.,
hPp lc.oio to this case was az follows. @
"it IL usually tEe case. when any valuable ,;,,,,
a.! u siiue, OF any new machine Of great mi itv il
invented thht the attention Of the pnb,ic Ia. -,
tufued to TINT subject PREVIOUSLY and ihat ma, ~
leisohs iave been making reseaIchcs and avrsr;
,s1'', his pil.rs aud inechanicians may nave
~ s7h.e 10 asure anticipated in their soecr .tinns
,ae possbihty or probability of such discovery nr
1'ciioh' liaiii experiments have beer, snrc.sst,rl
.eu' coming yety near. yet falling short nt Tho
Ieslred result. They have prai,,ced nothino hen,
80 nI iuve,i|lon when perfected may truly he
mon =, not only by the inventor hut by ni,ny ~
ofs. ie may have pro;ted Indirectly by tho inst,c
ce-siu experiments and failures of other. h;,t :,
Ei'e9 mem no rglt to cain share OF the honor Of
W. p.on. Oi me successful inventor 1t l. when
spe:u.flon has been reduced to practico. ,yben ay
pertinent ha, resulted in discovery mn, ,,.he, ,Int
uiscoycry mas oecn perfected by patient ana contin
uet experiments, when some new commando n,t
MiuuNcinie. or machine has lssn lhn. nroducej
oh Is useu 20 the public that the party making il
'eoiys "puoic pehclactor and EMIT ed to pl, ent
anu yet wheii genius and patient pcr,eyeranre
nave NJ length succeeded, in spiie of suters and
tcons. some valuable invention or o;srorerv bo,v
hsuohi Is II followed by reward Envy robs lin,
oi tic honor, Wine speculstors, swinde, T. md nj
ia.e' : top MN ol the profits Every unsucce, siil
eNpcf'hen'er who did or did or did not come vprv
near making n discovery now claims H. Erarv on,
wiz WIN cin invent an Improvement or vary its .orn
riiinis right to pirate the original iiscnvery W.
need not summons Horse, or Blanchard or Wood
worth 10 prove that this is the usual history of eve
]! great discovery or invention "
''the present case ACIDS another chan,or m t,i,
Ions ino Uniform history."-2 Wallace, c. &. Ike.
ports p. .92. ~ s