The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-19
, R6BE.iTS' PETROLEUM fYTORPEDO.

N
Office ut the
RED planning MILL,
Corner OF Pine ana Second Streets,
Near the katirOad,)
TITUSv1LLE, Pa. ::
Owing to the barge and increasing demand for the
Eobaris TUrpsdoes, aud the late decision of the
Commissioned Of Patents In refusing to VIM. Reed
pateus, ald the decision Of Judge K. Y. Grer sus
tainini. the ,toberts' patent they have LOW Erred
she prizes OF their Torpedoes
TWENTY PER CENT.
that everv Operator can a.Yoru " try TORPEDO
before abandoning Well.
Jhc following ia the decision rendered by judge
Grier on the twenty-secont t22) day of September,
fSi9 IN the United States Circuit Court at Phlade.
N. Keller Of New York, b. r. Lucas and S. A. Par
varce Of Pittsburgh for defendants, and Georre
iiar'iny of Philadelphia, and George II. Christy, OF
..'iLsbargh, for plaintiff
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
cln~ions TO which my mind has come after careful
examination of this case. /
The complainant has exhibited a patent ds.ed
35th Of April 1866 This Is prlma scie evidence OF
good title, and puts on the respondents the bur
dan of proof that the patent is void or worthless
neci not repeat my remarks in the case Of Good
wear Va Day e wall, G. c. Rep 229) but now
adopt them as atfordng rule OF decision which ap.
plies clearly TO the present case.
AS the infringement of the patent Is admit ted
the only question will be to the validity OF com
;,Iairian's patent Of April 25, 1858.
at was after speculation had been reduced to
practice" and alter repeated experiments, that the
complainant succeeded in overcoming he prejudice
and ignorance of tue people on ths subject, and
psriadng the public tnat his invention was usetul;
altar he had established its great utility and valus
and when his genius and patient perseverance, in
cossful, that Reed, who had before made expert
lienta On the same suhieet and was unsuccessful,
imagined that ne had the best right to te invention,
ard after purchasing one OF more Conpla;nants tnr
pedoes, he apolied On the ist OF November, 1897.
tor pltcnt for Substantially the same combinl.
lions OF devices and arhinn contained in complain
ants patent. On tho 10th of the same month the
respondents formed themselves into q company or
corporation called "'rhe Reed Torpedo Conlpany,r
for the purpose of pirating the comp!ainanrs in
vertion, and supp Drting the expense litigation
ard thus defraud him of the fruits. They have pc.
severed, after the pre- iminary Injunction very
property granted bv the District Judge.
Let decree he entered for complainant for per
pet,lal INJUNCTION. and Master appointed 10 take
MI account according to the prayer Of the bill.
H. Y. GREER, Judge.
NorE.-The passage referred to bv Judge Crier in
his former decision, 3 Wallace, p. 200, adopted as
app icabs to this case was us follows:
'It 10 usullly the case, when any valuable di.cov-
cry Is wade, or any new machine Of great uiiv Il
invented, that the attention Of the public has been
turned to that subject previously, and that many
persons have been making researches and expert.
meats. Philosophers and mechanicilns may have
IN some IN aslire anticipated in their sp citations
The possibility or probability Of such discovery or
invention; many experiments aye been successful
ly tried. coming very uear yet falling short OF the
dc 'irei result. They have produced nothing beue-
fc'al The iuvennn wheu perfected may truly he
sid to be the culmnating point OF many expert
men =, not only blythe inventor. but by many 9TH
nrs. Tie nay hay+ profred Indirectly by the IInauc-
cs.sful experiments and failures Of others. but it
give. them right 10 share of the he nor of
iae proi of the successful inventor 1t IL when
spe ustiOn has bsen reduced to practice wien ey-
lsri.uent la. resulted in dis :oser2 and when that
ci-coyery has becn perfected by patient ana conin
Gel experiments wlen some compound, art.
laanufactii,e. or maeine has be"n thu. produced
which !, useful to the pubc tnt the party making it
leeOlucs apubc beliefIutur and entitled ia. ent
''And yet when genius and patti mt perseverance
iave ~ length Succeeded, IN spite of sn.ers and
,eotfs, some valuable invention or discovery, how
seldom is il followed by reward Envy robs him
Of the honor, while cslecuaiors, sw ndieis and pi-
yates rob him OF the profits. Every unsuccessful
expermeJlter who did or did or did not cone very
near making discovery now claims it. Every one
who can invent All Improvement vary its form,
claims n right to tira the original disc )ycry. We
ned not summons Morse, or blanchard. or Wood
worth prove This is the usual history of eve
~ great discovery or invention.
'The present cnse aods anotNer chapter to this
long and Uniform listory."-2 Wallace, O. Z. Ike
pJrts D. co..