The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-06-08
RoBRRry PETROLEUM TORPEDO.

.TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED PLANNING MILL.
iCorner OF Pine and second Streets,
ttNear tho RatiroadO
ITUsv1ILE, PA.
Owing to the large and increasing demand for the
Roberts Torped0es, and the late decision OF the
Commissioner of Patents In refusing to VIM. Reed
patent. and the decision of Judge r. 7. Gier sns-
taining the Roberts, patent they.have LOWERED
the price Of their Torpedoes
TWENTY PER CENT.
70 that every Operator can af0rjSto try Torpedo
before abandoning Well.
The following Is the decision rendered by Judge
Grier on the twenty.second (22) day OF september,
phia The case was argued three days by Charles
NJ. Keller of New York, B. =. Lucas and \. A. Purl
viance Of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George II. Chrisiy,
|
OPINION.OF JUDGE GRIER.
As write with difficulty eau only state the con
clusions to which my mind has come after a careful.
examination Of this case.
The complainant has exhibited patent dated
25th of April, 1865 This Is prma facie 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 in the case Of Good
year VS.: Day Il Wall, c. c. Rep, 2ae,) but now
adopt them as afordng rule OF decision which ap-
nil
As the infringement Of the patent is admit ted,
the only question will be as to the validity of com
plainsnis patent Of April S, 1sSS.
sit was after speculation had been reduced to
practice and after repeated experiments that the
complainant succeeded in overcoming he prejudice
and ignorance of the people on the subject and
perstladiug the public that his invention usefu
after he had established its great utility and value.
and "when his genius and patient perseverance, In
spite of sncers and scOffs," were completely sue
cessfu that Reed, who had before made expert
imagined that he had the best right to the invenOn
and after purchasing one or more Complainant'st0r
pedoes he applied on the let OF November, 1851,
for patent for substantially tho same combina.
tions of devices and achine contained In complain
ants patent. On the 18th Of the same month the
respondents formed themselves into company or
CORPORATION called "The Reed Torpedo Company
for th. purpose Of pirating the complainant's in.
ventiol and supporting the expense OF litigation,
and THUS deffaud him Of the fruits. They have pei
severed even after the preliminary Injunction very
Let tiscree be entered for complainant for per.
petual in junction. and Master appointed to take
an accou 1t according to the prayer Of the bill.
NorE.l.rhe passage referred to bv Judge Grier in
his former decision, Wallace, p. 800 adopted as
applicable to this case was as follows:
ut is usu ally the case, when any valuable discov.
cry is made, or any new machine Of great utility is
Invented tba the attention Of the public has been
turned to that subject previously. and that many
persons have been making researches and expert.
meuts. Philo 'ophers and mechanicians NAV have
IN some measu re anticipated in their speculations
the possibility probability of such discovery or
invention; many experiments have been successful
" tried, coming very near. yet falling short OF the
desired result. hey have produced nothing bene-
fetal. The inven don when perfected may truly be
said to be the Gull ninatng point of manv expert
men e, not only BY the inventor, hut by many 9th.
ors. lie may have profted indirectly by the unsuc.
cessfl experiment. and failures of others. but II
gives them no right to claim share OF the honor OF
the profit of the su cccssful inventor It is when
speculation hos beer reduced to practice when ex
pertinent has rcsulte d in discovery, and when tina,
discovery has been perfected by patient ana contn
ued experiments, wh en- some new compound. art
manufacture, or mac nine has been thus produced
which is useful to the public, that the party making II
becomes apublic bent factor and entitledto patent
"Aud yet when gen ius and patient perseverance,
have at length succee LED. In spite Of sneers AND
scoffs some valuable invention or disco"ery, how
seldom Is ii followed by reward Envy robs hin
Of the honor while sp ecuators, swinde,s. and pi
rates rub him Of the profits. Every unsuccessful
expermenter who did cr did or did not come ver.
near making discover now claims 1t. Every onI
who can Invent an impr Ovemeute Or vary its form
claims right to pirate the OriginAl discovery. VI
need not summons Morse g, or Blanchard, or Wood
worth to prove that this Is the usual history of eve
~ great discovery or inv ention.
"The present case adds another chapter to thi
long and uniform history "-2 Wallace, G. q. Ike
ports p. 292.