The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-09
ROBERTS PETROLEUM TORPEDO.
TORPEDOES.
THE ROBERTS
PETROLEUM TCNpED0 Co.
Office at the
RED pLANING MILL.
Corner OF Pine and second Streets,
t(Near the HattrOad,)
ITUSvILLE, Pa.

Owing to the largo and increasing demand for the
Roberts Torpedoes and the late decision of the
Commissioner of Patents in refusing to VIM. Reed
Wtent and the decision of judge r. {. Grier sus-
tainincth Roberts' patent they have LOWERED
the price Of their Torpcdoes
TWENTY PER CENT. ga g
90 that cy,ry Operator can aford.to try a, Torpedo
before Abandoning Well
'rhe following Is the decision'rcrdered by Judsc
Gricr on the twenty second t22l day of Seuenber.
lS. in the United States Circuit Court AZ PMladel.
mia The case was argued three days by Charles
NJ Keller Of New York, b. 4 Lucas and ;. A. Pur-i
yiance of Pittsburgh, for dcfrlldants, and George
Harding of Philadelphia. and George H. Chrisiy, o
q Up1NloN,QF spDGE GRIER.
AsI write with f,ificulty can only state the con
clus;ons to which my mind has come after careful
examination of this case. 4h- -. ?
The coniplainant has exhibited 4 .pa.ent'dated
9th Of April. 1855. Thisis rrna acie evidence Of
a good title and puts on the respondents the bur
den Of proof that the patent is void or worthless.
need not repeat my remarks int the case of Good
wear vs. Day II 2wall, c. G. Rep: 2.9,) but now
adopt them as affordins rule OF decision which ap-
plies clca rly to the present case.
As the infringement of the patent u admit ted,
the only question will be as TO the validity OF COM
lplainaii,s patent of April =, 1s5S.
At wa:' after speculation had been reduced to
practice - and after repeated experiments that the
complain ant succeeded in overcoming ne lrejucice
and ignorance Of the s'opls on,ths subject, and
persiad, the ppJc that hfs inwntion was uscful;
slsr he had estaSi.hed itskfew istlity and value
and "when his genius and patient perseverance, in
cessful, that Reed who had before made expert
ments on the suhiect, and was unsuccessful,
imagnetl that he had the hest eight tn t9ycniion.
ard after purchasing one OF more complainant. Tor
| pedoes. lie applied On the 1st of November, 1881,
for patent for substantially the same coinbina
tons of devices and achine contained in complain
| ants patent. On the 18th of the same month the
respondents formed " smse Ives into company or
corporation called "'rhe Reed Torpedo Company
for the purpose of prating the cVinpainant's in
ventioI, and supporting the expense OF litigation,
and Thus defaud him of tine fruits. They have PEI.
severed, even after the preliminary Injunction very
! properly granted by the district. Judge.
Let decree he entered for complainant for per
petual injunction and u Master appointed TO take
an account according to the prayer OF the bill.
So - L. =. GklEis, Judge.
his fsrmer dscIs,on. B WalhES p 900 adopted a. as
| applicable to thip case was as follows:
1T is usually the case, when any valuable dt.cov
cry is wade. or ny new machine Of g.at utility is
invent bat e. eatenton OF the public has beer
ltrntd to that thjeet previously, aiid that many
| persons have t cen making researches and expert
Il meats. .,Phlosnpnsrs ana nIeehaWcians may have
the possibilit; or probability of such discovery OF
| inventions; any experiments have beer stccessiul
yiiiei, coming Mety neer. yst failing short OF th'
desired result. They have produced nothing bcne
iicia The invention When perfected may truly b,
| said 70 he Cue eliminating point OF MANY expert
men :, not Only blythe inventor, but by many 9th
or.. lie MAJ nav. pr0dted indirectly by the unsuc
ces-fnl experiments and failures of Others. but
gives then right to clairl n share of the honor
the profit of the successful inventor II il wfcl
speculation Aas been reduced TO practice, when ex
pertinent has resulted III discovery, and when tina
discovery has been perfe ;ted by patient ana contin
| red experiments. when some new compound. art
manufacture, or machin lie has been thus producc'
which is useful to the plblic that the party making
becomes apubic benefictor and entitled to patent
aud yet when cenins and patient perscveranc
have at length snccee led, in spite of sneers an,
,co.fs, some vsluablf jnventon or disco'ery, hos
seldom Is il followed hy reward Envy robs hin
Of the honor, ~hiie s)eculators swinde >, and pi
rates rob him of tln profits. Every unsuccessful
.x,Jcrimen,sr sr who did or did or did rot come vfr
near making disc )very now claims il. Every on
who can Invent an improvement vary its form
claims n right IT, rirate the original discovery. "
need not summons Worse, or EllnchaTd Wood
worth to prove lat tiis Il the usual history of cv,
ry great discoye ry or invention
"lhe pres. mt case adds another chapter to :hi
long and wiform history.n-2 Wallace, c. L. X,
ports p. :y!.