The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-14
OPINION or JUDGE GIIER

OPINION Or JUl'GE Gl.IER
As write with iinlcul.y can only stac the cor
clu.ions 10 which my n,ind has come after II eare.i
examination ot tins care. Co..
The com .l.inant has exhibited a patent ia.,l d
25th of April, lo6S This il prna iatie evidence U,
u good title ana puts on the respondents the hur-
den of pro0t that tie patent Is Noid or worthless
need not rep,;i, my einarNs III tc of Good,
year VS. Day t2 wall G. G. Rep .2D) but noN
adopt them aiiordnL rule oi decision which ap-
pie, clearly to the =. eseni Case.
As the infringement OF the patent 10 admitted,
the on, question will be AS 70 this validity OF
planan's patent Of april u, lA:S.
at Wns after speculation had been reduced to
prsci ice and AFTER repeated xpcriinents that the
and ignorance OF the people uh the subject, and
pcrsuaung the public that his invention Mas useil;
after he had established Its gteat utility aud value
and "Mhen iiis Gdiiu- AHC latiGnt perseverance IN
spite o. snccrs and sCoil~,' were completely sac.
ccs -fnl, that Heed, Who had oeore made expe,i-
ments on the sane subject, and VIA unsuccessful,
imagined taat lie had the Lest lht to tue Invent
u after purchasing one of more Co.nplsnant stOr
pe.it,es. he applied on tile LIT Of November, lhb1
Tor a patcnl Tor Substantially the sane cumlina
ti,p. of devices and ac ed in cpplpl Ain
aAl'e patent Gu the 10Th of the same month the
re-Isond nts formed themselves intU company or
cor orstiOu called ''rhe kced Torpedo Company" "
for til. purpose of lirltns the com,lainanrs in.
veutiu,i, ana supportiD. me cNpeuse nj litigation,
and thu, defiaud hi Of the fruits. They have yer
severed, after the preliminary injunction worry
properly granted bv tae Dstrc, Judge.
Il y
petusl injunction, and N"ster appointed 20 lake
.n account according TO the prayer OF the Iilt.
Il. I. GElEN, Judge.
No1E-fhe passage referred 70 by Judge Gricr in
hi. former decs un, 8 Wallace, p. 100 adopted Lr
app ic,bie to thie case was NJ io,iuws:
alt is usuaily the case when aiy valuable discov.
cry Is wade or any new machine Of great uli ty /.
invented, that atGiitiDn of tic public has be
turucd to that subject previously, nnd that MA.
persons have been making rcsearchrs and expert.
uents. thttusUpntrs and mech iD'CaNs NAV nav,
~ some n-Ure anticipated in their sp ruia,iuu4 =
.he os>ipiity or proJaDillty Of suoh discovery or
inveiitio' many experiments have bee, suecessiui-
iy Il ied couilg ,ciy bcar yet faing short ui ths
ce.ired result. They have produced noil.ing bepe-
aclal The invention wh,, perfected may truly be
sid TO he the eliminating point OF many eYperi-
men =, it oDiy by the inventor. bnt by Wany 9TH
pr.. sc may hhv, proiited indirectly nv ihe uuauc-
ces>iul experiments md failures of others. but it
gives then rgn to c,a M share OF the hc nor %,
tie prob, of the si' Cc.sitH inventor 1t Is when
speculation has hsu reduced tU practice, when ey-
pertinent In resulted Ia discovery and when that
discovery ha. been perfected ny patient anu contn
manufacture, or machine has been thu produced
which !, useful 10 the pnbc, that the party IiaEing
bceUTn,s Upublic tentIacOr and entitled to ia ent
sand yot vhen gc',ins and patient perseV srance
have At length succeeded, In spite of sneers and
.con-. some valuable invention Or Gsco"e cry, how
seldom IL il followed by reward Envy robs h,a
of the honor, hiie specn Ifors, swindleis, AMI pi
rates rob him Of the profits. Every unsuccessful
exerim. n,er who did Or did or did not come very
near making discovery now claims it. Every ons
who can inv. mt an Improvement or vary its form,
claIns u right to pirate the original discovery We
need not summons rOrse, or Blanchard or Wood
worth to prove that tb- Is the usual history Of eve
ry great discovery OF invention.
"lhe present case 1dis another chapter to this
long ana uniform history."-2 Wallace, Y. Y Re-
ports p a02