The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-08-22

TORPEDOES.
1.-THE ROBERTS
PETROLEUM TORPEDO co.
office at the
RED PLANNING MILL,
Oo1Aer 9f Pine and second streets,
ogcar the RatlrOad,) ~
ITUSv1LLE, PA.
OWING b me large and Increasing demand for the
a. Patents sna to VIM or Ress e
apAtsnt. and the decision Of Judge r. Z 9rier sus.
talning hs Roberts patent They have LOWERED
ths pslco O their Torpedoes
TWENTY: PER CENT.
90 tAst every Operator can afford ro'try a Torpedo
Sofore Abandoning Well
1he following Is the decision rendered BY judge
1879, in the United States Cirrnit Court at PhiladeI
phia. The case was argued three DAYS nv Charles
y: Ksller oi New York, B.. Y: Lnca. and s. A. Pur.
snfS Ms1no o. r rpsSsg for defendants and Geogei
f1ttsburgh, for plaintiff.
OPINION OF JUDGE GRrER.
A! l write with difficulty can only state the con
illusions to which my mind has come after a carefi,
examination Of this case.
ah %pr s ers sShSsd 3 n,d patent dated
good title, and puts Oh he respondents the bur.
den OF proof that the patent is void or worthless.
need not repeat my remarks in the case Of Good.
year vs. Day u Wall, G. C.. Rep; 229) hut now
adopt them as sifordng rule Of decision which an.
plies clearly to the present case.
a.. tne iniringement of the patent 10 admi. ted,
the only question will be as to The validity Of com
plainants patent Of April Is, 1883. VI W."
.,v wa, ailrr speculation had been reduced to
practice and after repeated experiments that the
Ud succedei in overcoming he prejudice
persuaong the public that his invention was nsetil:
sater he had established its great u,iIity and y.na
sn,,. Wnen w ms genus and patient perseverance, in
cessful, that Reed, who had before made exneri.
ments on the same subject, and WIS Unsuccessful.
.mG Gsnea sq tnat he had the bestrgt to invention
Ped0es he applied on the lat of Noye,nber IsST
ior pltnnt f'r substantially the sa,nn combina'
uOns OF devices and achinn contained in COMPLAIN
pSoe. vn tne 10Th Of the same month the
corporation called 1.-The Reed Torpedo Coinnanr. y
1or the purpose of piriting the compIanant,s in.
and tSa. s%a dosuS h :, the he Of gaton
severed even aftr the preliminary Injunction very
properly granted bv the District Judge.
.i ~ aSree ne entered for complainant for per.
- uppO1ntf0
IN account according to the prayer of,the bill'
@ II. Z. GRIER, Judge.
Ecrr-Thc passage referred to bv .Jut,pc t,r;cr IN
as f lTrner d'cl.on, Wallace. p. 299. adopted ~
spPlcabie to this case was as follows:
w Is usuaiy the case, when any valuable ii.cov.
~ u mage, or any new machine of graat uiilitv il
invented that the attention Of the public bas hecn
sarneo 70 mat suhjeet previously, and that many
pessons nave been making researches and expert.
mem,s ~ .n rnlosopltrs and mechnnicians may have
.ne possibility or probability Of such discovery or
,hvention; many experiments have been success rI
m,iea, coming very near. yet falling short OF tile
esco eo,a, rSsl,t. Ihey have produced nothing bene.
ncial The Invention When perfected NAV truly he
said to be the eliminating point of MANY eSperi.
men e, not only ny the inventor, hut by manv oth.
Ors ife may have proflted indirectly by the i,nsuc
ce.siil experiments and failures of oii,er-, Init II
gives Them no right to cam share of the he nor Of
the profit of the successful inventor ia ia % mhon W
speculation has been reduc"d to practice, when ny
pertinent ha. resulted In discovery and when I'm,
discovery has been perfected by patient ana con,n
ued experiments. when some new compound. art
manu'actn'e, or machine haI been ,hn. nrodrc.d
which 10 usen to public that the party maIing
becomes apublic bcn.factOr and entitled fo ,a,snt
"Auo yet when genius and pai mt Der.evernncn
nave at length succeeded, In spi of sn.ers and
% vIns s"me valuable invention Or disco"ery, how
u the honor. while Spectators, swindIe's. mn NH nj.
rsrs rOn MN OF the profits. Every unsuccessful
eApet'm,nter who did or did or did not. come y,rv
neae % misklhx discovery now claims It. Every ons
Inn can invent All Improvement or vary its form,
ns.ns n's A t,gnt 70 ira. the original discovery We
ny. ,.s aot summons Morse, or blanchard. or Wond.
worm 20 prove that this s the usual history Of cv
~ e. al discoy"ry or invention
fhe present case aCds another chapter tn tb,s
r "ng nnd s Uniform history Wallace, G. .. Ike.