The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1870-11-02
BENaY .5.lTHCyIsUM ToRPEDO.
cserIscr ", kiEo aIad IL aCnS. Strcetss
ltSeas exc Eia;iroa ADJ
.CITu3VTsIls, PA.


.5ns; % she lasge and i1egassin; demand for the
Eek-7sS re 9 sdoss, snL III. late decision Of the
''3.r.a!ssio. sc o. ksteits in refusing - VIM Reed
= sa-t .nd the dec'soil OF Judge r. z. Grier aus,
aiming sae EoberS' pcsent they rave LOWERED
- rrsso ef tAer II -rscd0es
TwE-TIs. PEE CErtT.
20 a.Ns oyesy opsslto. an s-Io.d ro'trv Torpedo
lesoro .'b,n1oairg Well.
xls 5olo ,ily is tie decision rendered by Judge
,1sl2 ..s fSsnty-seca nd l22l day OF 23ptembor,
-, u the United States Circuit Court at Philadel-
phil. 1he case was a.srsd ;sIee days by Charles
a. E3lle. o. New YORK, y. r. Lucas and s. A. Pur-
rianes Of Pittsburgh 20. defendants, and George
Harding OF Philadelphia, end George Z. Chris,y, of
gs.ssbrrsh, 10. plain;iiE.
OPINION OF JUDGE GRIER. w
As write with difficulty can only state the con
i.ss'pre b. which my mind has come afte, o carei,,
examination Of this case.
The cocnnlairaat hao exhibited . pateut dated
2sth or ApTi 1865. This is prima face evidence Of
good title, and puss or the respondents the bur
Gen OF proof that the patent is void or worthless
reed not repeat my remarks in the case Of Good
year vs. Day u Wall, c. c. Rep, 229,) but now
adopt tuefn as affordiug rule OF decision which ap
plies clearly 70 the present case.
IA the Infringement Of the patent is admit ted,
.he only question will % as to the validity OF com
palnants patont Of april 25. 1883.
.It wes 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
aitar nc had established its great utility and ysre
and "wnen his genius and patient perseverance, in
spite Of snee-; and scoffs,n were completely sue
eSssfrl that Reed, who had before made exneri.
ments on she same subject, ard was unsuccessful,
imagined that he hsG the best right to The invention
and after purchasing one CT more Complainant tor
Tedoes he applied on the ist oil November, 1861,
Tor patent Tor Substantially the same combina.
tons OF devices and machine cont aimed in COMPLAIN
ants patent. On the 18th of the same month the
respondents formed themselves into company or
ho QaaI
FOR tho pu. poso of pirating the complainants in
vention, and supporting the expense Of litigation,
and thus de!rand hin Of The fruits. They have per
Beyercd, even after the preliminary Injunction yery
properly granted by the District Judge.
Let dscr rec be entered fc- complainant ior a per
petual Injunction. and Mssse: appointed to take
an account according to the prayer Of the bill.
r. Z. GRIER, Judge.
EorR-The passage referred 20 by Judge Grier in
Ais former d'ct,ion, 3 Wallace, 7. 299 adopted as
app icat!e to this case was as Il Rows:
at is usually the case, when any valuable d;..ov
cry is rads, or any new machine OF great .ity Ia
invented that the attention CT the public hss been
turned tc tlat subject previously, and t,laf nenv
persons have been making researcles ana exreri.
insnss PHILOSOPHERS and rnecaanicians rsv have
N ssms measure amicigated n their specuiations
the possibility OK probability of such isc)ve-y or
invention; r;any experiments Lave been succsssfnl
y tiled, coming vs.y pel. Jet falling slarS of the
desired zsslt hy have produced nothing bene me-
hclsi: Tue luvciIion when perfected may truly be
lien 2, noG only by the inventor hut by many 9TH
cfs lie may have profted Indirectly by the unsnc
ssssni experiments and failures of others, but it
gives them 10 right &c claim share Of the he nor of
1ns pfst o. me h suece.s inventor 1t is when
pertinent has resulted in discovery and when that
discovery has been perfected by patient ana contin
NED experiments, whsn some new compound, art.
msnnfscture, or ma chine has been thus produced
whish Is Useful to thepuoie that ihe party maxim
becomes apublic benefactOi and entitled to paient
tiput
have at Length succseded, in spite of snt era and
teoas, some valuable invention or cisco"ery, how
ueldorn IS il followed by reward Envy robs him
OF the honor, while SPECTATORS swindles. and nj.
rates ROB him OF tie profits. Every unsuccessful
experimenter who did OF did or did not come very
near making discovery nov claims it, Every ona
who can invent TN Improvement or vary lis turm.
claims right 70 pirate the original discovery We
need rot summons Morse. or Blanchard. or Wood
worth sc prove that this is the usual history of eve
~ great discovery or invention
"The present case aods another chapter N thi.
long and uniform history."-2 Wallace, c. e. Re
posts p. 292- : o'afN