The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-28
"TORP ES.
THE ROBERTS
PETRatEUM TgRpEGl Gl.
Office ut the
RED H'LANING MILL.
Corner of pine and Second Streets,
Near tho ESaslroaa,)
TITUSVILLE, PA.
OPINION OF JUDGE GRIER.


Pit-butgh, for plaintiff
OPINION OF JUDGE GRER.
As write with difficulty eau only state the con
illusions 70 which my mind has come after careful.
examination of this case
cUmJiiin;tiIt has exhibited patent dated
18th of April, 1865 This il prin,l f,cie evidence OF
s,oN title. and puts on the respondents the bur
etn OF proof thai tho patent is void or worthless.
year W. bay Y Wall, c. c. Rop 220,) but now
adopt them as aiiordfng rule OF decision which ap-
pli..i clearly to the present case.
As the Infringement of tue patent is admit ted,
the only question Will be to the validity of COM
plananis patent of April 25, 1858.
at Nval aiter speculation had hcen reduced to
practice, and after repeated experiments, that the
complainant succeeded in overcoming he prejudice
ana ignorance of the people on the subject and
pprsuadng the public that his invention was useful:
after he had established it, great utility and ytlue
and" "when his genu. and patient perseverance, in
spite Of snocrs and scoils,' were completely sue.
-tul, that Feed, who had bef0rt, made expert
meats ON thc some suhcct, and was unsuccessful,
imagined that he had the hest right to heinvention
ard after purchasing one more Complainants tor
pedOes. he asplied On the 1sfNf November, 1857,
Cor patent for substantially ,.ic same combina.
tiUns of devices and aachn" contained in complain
ants patent. On the 10Th Of the same month the
resDondents formed themselves into n company or
corporation called ''lhe Reed Torpedo Company, -
for tlie purpose Of pirstng the compliments in.
vention, and supporting the expense OF litigation,
and thus leffaud him Of the fruits They have per
severed, even utter the preliminary Injunction very
properly granted by tho District Judge.
Let decree he entered for complainant for a por
petual injunction. and Master appointed to take
an account according to the prayer of the bill,
L. q. GluER, Judge
NoTE.-The passage referred to bv Judge Gricr in
his former decision, 3 Wallace, y. 800 adoptcd us
applicable to this case was-ns follows:
SIT is usually the case, when any vHuatle liscay
cry is made, any new machine Of great N ity is
invented that the attention of the public has been
turnCd to That subject previously. and tLnt n,nnv
PERSONS have rctn making rese;srches and cypsri
Inenis. Philosophers and mechaniciGns NAV have
IN ssme measure anticipated in thoir sDecuations
the possibility or probability of .ueh discovery or
invention; many experiments have Uoen success. IL
ly tiled, coming very near yet falling short of the
desired result. They have produced nothing benn-
fetal. The invention when perfected may truly lie
said to DE the eliminating point OF many e,Deri-
mon not only by the inventor but by many 9th.
He may have pTOiited Indirectly by the lnsuc.
cessful experiments and flurcs of Others but II
gives them right to claim share of the honor of
the profit Of the succnssful inventor 1t Is when
speculation has been reduced 10 practice when ex.
pertinent ila. resulted in dis :overv and when thar
d.covcry has been perfect By patient ana contin.
ued experiments when some new compound art
manufacture OF machine has bcen thu. produced
which is useful 20 public, that the party nakingt
becomes apubic beneactor and entitledto patent
sand yet when genius and patient perseverance,
have at length succeeded, in spite of sneers aud
scufs, some valuable invention or dsco-ery how
seldom is il followed by reward Envy robs him
OF the honor, while specuators, swindlers, and pi-
rates rob him OF tho profits. Every unsuccessful
experimenter who did or did or did not come very
near making discovery now claims It. Every one
who can invent an Improvement or vary its form,
claims right to pirac the original discovery We
need not summons Morse or blanchard, or Wood
worth to prove that this is the usual history Of eve
ry greaL discovery or invention.
"The present case ADDS another chapter to this
long and uniform history."-2 Wallace, c. &. Re-
ports p. 292