The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-30
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
IEORPEDOE ES.
THE ROBERTS
PETROLEUM TORPEDO. CO.
Office at the
Ran PLAsIHG MILL,
Corner OF Pine and Second streets,
Near the RatirOadJ
TITUSVILLE, PA. ::
Owing to the large and increasing demand for the
Roberts Torped,es, and the late decisun OF the
commissioner Of Patents Ia refusing to Vim. Reed
patent, and the decisi IN of judge n. Z Giler aus
tanning the koberts' pitent they nave Low EnED
| the price Of their Torpedots
.TwENri,.PER CENT.
40 that every Operator can afford tv try a Torpedo
before abandoning Well.
The fo lowing Is she decision rendered by judge
Grier on the twenty second (22) day of Sr,.tember
1919 in the Untes States Circuit Court at PHI ade
phia. The case was argued three days by Charlie.
NJ Keller Of New York, b. r. Lucas and H. A. Fur
viance Of Pittsburgh, for defendants, and George
llatdins of Philadelphia, and George H. Chii.ly, of
Pittsburgh, for pia.ntia.
OPINION OF JUDGE GRrER
As write with difficulty can only state the con
cuslons to which my mind has coms after care:u.
examination Of this case.
The com plainant has exhibited . patent dated
18th Of April, loj5 This Is prn facir evideuc. Oi
good ttie, nnp puts on the Respondents the hur-
den OF psorf ts, the patent is void or worthless.
neea not rtitHt my remarks in the CASE of ;uod.
year Va Da, u Mall; c. c. ke,; 2.9) b,,t now
adopt them as afording rule OF cecioou which a
pics clearly to the p esent ease. -
As the infringement of the patent IL a.ini, t,d
the only question will be MS to The yalidtv al cam,
plainan's patent Of April -, 1e5S.
ut wa+ after speculation had been reduced IN
prac.ce, auu aIser repeated experiments, that the
cOmplainaht succeeded in overcoming he ,rcuci.
and ignorance of the people On the subject. and
persuading the public tGal his invention w,s use.
after he mad established its great ulit, and value.
anu "wien Ills gen u' and patient perseverance in
spite OF sncers and scors," were domn,,iciv s,c
ccs-fnk that Reed, who had before made ex,ar;.
tnents on t1e same subject, and was upsuccp, sinj
m,e1ned uat he had the best light to tao invention
AID alter purchasing one Of more co,nn,n,na,: ,r
pedOes he applied ON tbs lat of Novtmber. Is,;f
for patent for substantially the same comfina
uons .. aes'css and achre Contained in comp min.
auts patent' On the 10Th OF the same month the
respoLdehIs formed themselves into COMPANY ar
corporation called "I'he Reed Torpedo CUinpnny.n
,or ,.s p.tnoss OF pirtins the compiainani's In.
aud thus dcfraud him Of the fruits They bav" No..
severed, even after the preliminary INJUNCTION very
properly granted by the District Judge
s,na @ ;unc,,o DE entered s edreomplainant for per
al account according to the PRAYER Of the Lill.
,~sv-, Il. Z. dhiEi., Judge.
NorE.-The passage referred to by Judge (,,ier IN
his former decision, 3 Wallace, D. 300 adonted -.
app .ctbe to this c,lsc was as follows:
"li Is usually the casr, when any valuable d;.c,v
sry Is made OF any new machine Of great ui ity 4.
n,lff fhs..
turned ~ that subject previously, and that ma, v
persOns have been making researches and e,u,ri
nients. fhlosopAers anu mechanicians may have
III some ni asure anticipated In their sd cn atiuns
the possibility or PROBABILITY Of such discovery or
invention; many experiments have beef sl,cce:.f,,l
y tiled, co ing very re'lr yet falling short OF the
ae,neu asI lssuM Iiey nave produced nothing beue-
said to be The eliminating point OF MANY exi,.ri.
men = not only by the iisent0r hut by innnv .,th.
Ors. re may nav. protsd indirectly by the Iuslc.
ce-sfui experiments and failures of Others. hut i,
gives Ihed no right to cam share oil the he nor of
tie profit OF the successful inventor n ia when
speculation has been reduced to practice, when ey.
pertinent ha- resulted In discovery and when m n,
discovery has been perfected by paiIep ann contin
ued experiments. w..en some new mnOund nrt
manufacture, or machine has been thi pr0duc .ti
wncbis nseIalto thepnhlicthat the party making il
becomes apubic behcfactor andentitedt tu pat ent.
"An1 yet when genius aud pate mt perseveranc,
have at length Succeeded, in spite of an, era md
| -ecfs, some valuable Invention or discovery, how
| seldom Ia II iOllowc ! by reward Envy roLs lin,
OF tile honor, whine spcculators, swindles A. and nj
rates rob him of the profits Every uu,nccessiul
expermrnter who did or did or did not cume y,ry
near making a discovery now claims it. Every oiis
VINO can invent AN Improvement Or vary its lDrn
claims right to pirate the original discovery W,
need not SUMMONS WORSE Or Blanchard or Wood
worth TO prove tat tis Is the usual history Of eve
~ great discovery Or invention.
'rhe present case aods another chapter to tbi,
long and uniform hiatory."-2 Wallace, c. {. Ike
ports p. 292