The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-10-13


EORPEDOES.
THE ROBERTs
1ETRsLEuM feRpEDo 90.
Office ut the
RED PLANNING MILL.
CORNER Of Pine and Second streets,
Near tho RatlrOad,)
THUsvILLE, PA.
Owing 10 the large spd increasing demand for the
ROberts' Torpedoes, and the late decision OF the
Commissioner Of Patents IN refusing to VIM. Reed
patent. a1d the cecisioa of Judge r. e. Grer sus-
tanning is the koberts, patent they have LOWERED
the price OF their Torpedoes
TWENTY. PRR CENT.
% thai every Operator can afford ,o,ry q Torpedo
before abandoning Well.
CIter on the twenty second (22) day Of September,
Ht1s In the United States Circuit Conr. at Phlade.
phia. The case was argued three days by Charles
ytance Of Pittsburgh, fdf defendants, and George
Harding Of Philadelphia, and George Il. Christy, Of
Pittsburgh, for plaintiff
- OPINION OF JUDGE GRIER.
! A. write with difficulty can only state the con
clusiCns to which my mind has come after a careful
The complainant has exhibited patent dated
2Dth Of April, 1865 This is prima ace evidence Of
good title, and puts on the respondents the bur.
den Of proof that the patent Is void VI worthless
need not repeat my remarks In the case Of Good
year vs Day u Wal, 9. C. Rep; 229,) but now
plies clearly to the present case.
As the infringement of the patent Is admitted
the only question will be as to the validity of com
plainants patent Of April 25. 1858.
st was after speculation had been reduced to
practice," and after repeated experiments that the
complainant succeeded in overcoming he prejudice
aud ignorance Of the people on the subject, and
persuading the public that his invention useful
ator he had established its great utility and value
aud "when his genius aud patient perseverance, in
spite OF sncer; and SCOTS" were completely sue.
ments on the same subject, and was unsuccessful,
imagined that be had the best right to the invention
aud after purchasing one OF more complainant tor
pedoes, he applied on the LIST of November, 1867,
fur q patent for substantially the same co;nbipa
tUns Of devices and machine contained in complain.
ants patent On the 18th OF the same month the
corporation called "The Reed Torpedo Company, -
for the purpose Of pirating the compa;nant's in.
sention, and supporting the expense OF litigation,
aud thus defraud him Of the fruits. They have per
severed, even after the preliminary Injunction very
properly granted by the District Judge.
Let decree be entered for complainant t0s per.
petun iiyuCtion. anu Masler appointed 20 IT,. }
IN account according to the prayer Of the bill.
X. c. GRIER, Judge.
NorE.-The passage referred to by Judge Grie IN
his former decision, Wallace, p 800, adopted cs
applicable to this case was as follows:
1T Is usually the case, when any valuable discov.
cry Is made, or any new machine o. great utility Ia
Invented, that the attention of the publ, has been
turned to that subject previously, and that usny
persons have been making researchee and expert.
ments Philosophers ana merchandising mey have
in fbafr
invention; many experiments have been successful.
Ssss fSf {ss notkln shSss 9 s..s the
ncal. The invention when perfected may t-uly be
ssid to be the eliminating point of naIy exneri
mems, not only by the inventor, but By many 9th.
ors de may have proflted indirectly by fhe m arc
cessful experiments and failures OF Others, ont Il
gives hein no right to claim share of the Ecnor of
the prott Of the successful inventor It Is wien
speculation has been reduced to practice when ex.
pertinent mas resulted in discovery and when that
discovery has been perfected by patient ana coptjn
ued experiments, when some new compound Ar.
manufacttre, or machine has been thus produced
which Is uSefIto the public that the party makngit
Desonis. apapnc beheiaetor and entitedto patent.
"And yet when genius and patient perseverance
have At Length succeeded, in spite of sneers and
scoffs, some valuable invention or discovery how
seldom Is IL followed by reward Envy robs him
OF the honor, while SPECTATORS swindlers, and ri.
rates rob him of the profits. Every unsuccessfil
expermenter who did or did or did not Come v"rv
near making discovery now claims it, Every one
who can invent an Improvement or vary its form
Claims right to pirate the original discovery We
need not surancns Morse or Blanchard, OF Wood.
worth 70 prove shat this is the usual history Of eve
ry great discovery or invention.
"The preser. case adds another chapter to this
long and uniform hiEtory."-2 Wallace, G. &. Re-
ports p. 292.