The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-01

TORPEDOES.
THE ROBERTS
PETROLEUM TORPEDO co.
Office at the
RED PLANING MILL.
Cerncr OF Pine and Second Streets,
Near the fsai!road0
TITUSViLLE, PA.
Owing TO the large aud increasing demand for the
Roberts Torpedoes, and the late decision oi the
Commissioner OF Patents in re.G sing 10 VIM Reed
patent and the decision Of Judc P. Z. Grier sus-
tanning tho ROberts' patent they havo LOWERED
the price Of their Torpcdoes
TWENTY. PER CENT.
20 that every Operator can nilord lvtry Torpedo
before abandoning Well
1hc following is the decision rendered by Judro
Gr,fr on the twenty,sccond t22l day of September,
lS9 in the United States Circuit Court mt Philatel.
phia The case was argued three days by Charles
N, Keller Of New York, B. r. Lucas and S. A. Pur,
N. xianGc OF ris6urgh, for defendants, and George
Harding OF Philadelphia, and George H. Chyis,y OF
l1ttsburgh, for plaintiff.
OPINION OF JUDGE GRrER.
As write with difficulty can only state sbo co,
chlsions to which my mind has after caretl,
examination of this case
The complainant has exhibited n natcp. ,lo,od
25th of April, 1865. This is prma ficic evidence of
good title, and puts on the respondents the bur.
den OF proof that the patent is void Or worthless
yonr "; Day u Wall, C. c. Rep; 2a9,) but now
adopt them as ailording rule o; decision which ap-
plies clearly to the present case.
As the infringement of the patent is admit ted
the only question will be the validity of com,
planants patent Of April %, 1858.
III was after speculation had been reduced to
practce," anu after repeated experiments, that the
complainant succeeded in overcoming he prtiu6icc
and ignorance OF the people on the subject and
pcrsuadins the public that his invention was useful:
after he Ind established its great utility and yaue
and "when his genius and patient perseverance, in
sTnte OF sncers aud scoIs,f were comnlttelv enc
ecssful, that Reed, who had before made cxpcri
incnis ON thc same subject. and WAS unsuccessful
imagined that he had the best tight to the Invention
anu alter purchasing one more CoinDlannnt's tor
pedoes. he applied ON the lst of November, 1867,
nor patent Tor substantially the same comlina.
aons OF devices and machine contained in complain
ants patent On the 18th OF the same month the
p.., Ic.ponuei,s formed themselves inoa company
corporation called "The Reed Torpedo Coinpsny' ,,
for the purpose of pirating the complainants In
Ventipn, ana supporting the expense of litigation
anu tn'Is deirana mn Of the fruits They have per
severed, even after the preliminary Injunction very
properly granted by the District Judge
ncns & ,u;" ucrct DC entered Tor complainant for per
Il. C. GIIER, Judge.
NOTE-Thc passage referred to by Judrc Grjcr in
MS iormer decision 3 Wallace, p. 20J. adopted as
applicable to this case was as follows:
ut Is usually the case, when any valuable discoy
cry Is plnde or amy machine of great utilitv ia
invented, that the attention of the public has been
turned to that subject previously, and that MANY
persons have bocn making researches and eyntri.
ments. philosophers and mccliinicians NAV have
III some measure anticipated In their spvcuiatons
the possibility or probability OF such discovery or
invcntion mnny experiments have been successful.
~ tiied coming very near yet falling short of tho
@ircd result They have produced NOTHING bcnc-
hclal. The invention WHOM perfected NAV truly he
said to he the eliminating point of many cxicri-
pen's not only by the inventor, but ly many an.
6rs. lie may have profited Indirectly by The Iusnc
ccssiul experiments and failures of Others, but It
gives them right to claim share of the Lcnor of
the profit of the successful inventor IT l. ,yhcn
speculation has becn reduced to practicc when c,
pertinent has resulted in discovery and when that
discovery has been pcrtcctd by patient ana coniin
uea experiments, whcn some new compound, ant
manufacture, or machine has been thu. produced
which Is useful to thepublc, that the rartv making ii
becomes apublic bonciactOr and entitled To IA cnt
"And yet when gcnini and paliCEt perseverance,
have at length succeeded, in splc of sr, er. and
scofs, some valuable invention Or tisco"ory. how
seldom Is II followed by reward Envy rois him
OF the honor, while spectators, swindlcrs, and nj
rates rob him of tho profits. Every unsuccessful
experimcntcr who did or did or did not come ytry
near making discovery now claims it, Every on,
who can invent an improvement OF vary its iurnl
claims right to pirate the original discovery We
need not summons Morse, blanchard, or Wood.
ry i,reat discovery or invention.
"The present case adds another chapter to this
long and uniform hiatory."-2 Wallace, c. {. lie.
ports p. 202.