The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-12-15
ROBhKTS FETKULEUM T0RpEDoc
.TORPE
rr THE ROBERTS
petroleum TORPEDO Co.
Office at the
RED PLANlNG MILL.
Cor er OF Pine and Second S,ree,.
Near tho fsatiroad,)
TITUSVILLE, Pa,
OPINION OF JUDGE GRlER;g7m,

| vi iANio.N VIZ otbbi 1kiIN WYNN
As write with difficulty | can only state tho 70.
clasions 10 which my MIND has come after ca,,f
examination oi this case.
| Tie cumpl planant has exhibited u patent ls,.
18th OF April, 1865 This Is prima iicic evid,,,r'
n good title, aud puts on the respondents The Inn,
den of proof that the patent is void or WORTHLESS.
| l nccd notrcpea, my remarks IN the case of Goe5
| year vs. Dayt2 Wall, q. c. Rep; .2yJ bu, now
adopt them as afiordnc rule oi decision wIc, s,.
| pics clearly To the pie-rnt case.
AZ the infringement of the pa.cn. Is afmit,4
the only question will be Us to the validity Ol roh
plainanis patent of Aprii -, lsJS.
81 was after speculation had been r,ductdn
practice ana aii'r repeated experiments. that "A.
complainant succeeded IN over cJui q Tic ure,udT,
| and iguoan Of the people on jhs subltd. ug
rersuiuiug the public tha, lis invention wa, usl
aft lie mad established its great utility and vain.
and when his genios and patient perseverance, Ia
| spite o, sneers ald scoas, were completely re
ce, siul. that Reed, who had before ,nnde e;rer.
| inents on HE same subject, and was uu-ucctt.n'
and after bucCla'ng one or more complUnaurstu tu.
peioes, he applied ON the l~t of November lS,i
| iur paieut for substantially the zane romhua.
"ns of devices and machine CON aimed in cuupar,
| ants patent; On he 18th of tue same monIL ,bi
re-pondcnt, formed thcinse Ives into y cUnuat, ,-
cor Grafton called ''lhs Iced orr elJ tumparvi
r the purpose IF p rating the complainant IN
vention, and supporting the eXpcusee oI itigatiou
and thus deiaud hun ot the nuts. They have pel
served. even AFTER the pre.mary injunction yey
properly granted by Tie district Judge.
Lct degree be ent.r'd for uoinI landr .or y,.
petuHl injunction; and u Master bpp1in,e 10 tx.
All account az, oIGingy 10 The payer Of fthc,h bill al
X. c. GIuEn, JuLgs
NorE-The passage referred TO by judge C;riern
his former decis ON, 3 aace D. 2Sy aIouet a,
app ica.bie to ihis case was a. ivllo>ys:
at Is usually the case, wherany slua,le d.cvy.
cry Is made, ~ any new nacniuc Of great uily /.
invented tiiat eaitentiOh OF the public has let
turned TO that subject previously, and that urAly
persons have been making researches and eAptr.
mcnts PHILOSOPHERS ana mechnniciars may have
VI some measure anticipated In their spec cliaiOls
she rossiDiity or probability Of such discovery 0-
inventions; many experiments have beer sUcCrs-ig-
yulti coming very near. yet falling shoTt q the
oesiled result. Thsy have piodurru nolhing tIc
hcai. The Invention whe.l perfected may irUly'r
said to be uie eliminating point ut maUV CXIu
men -, not only by the inventor. hUt by many ui.
ora nc may nav, prulied indirectly by The ansa,'
ce-sfu experiments aud failures Of others, but
gives them DO right to clam share OF the htuOrG
the profit of the successful inventor Ii l. wlH
speculation las been reduced ID Practice when T..
pertinent las resulted in discovery nnd when t1.
discovery lIs been perfected Nv patient ana eUlin
ued experiments, when some new compound, art
manufacture or iEacnIne has been thu pTOdBctl
which Is use!ui ~ the public, that the party inakngu
becomes aphbic benciactor and cnitledto latrrl
"And yet when genius nhd paii, ut p,rse elaItl
have ut length succeeded, in spine of sn,rr. spi
scOh- some vnluabe iuNc chtion or ciscu"e!y. Low
| seldom Is il followed by rrwar1. Envy lob. Lin
Of the honor, hiie spccustoss swindlc,s and u
| rates rob him .of-tlie profits Every unspcce,sll
exIerimenier who did or did or Gid not come wy
near making discovery now claims it. tycryou,
VINO can invent an Improvement or vary its form,
| claims right to pirate the original discovery We
need not summons Morse, or Blanchard or WCo!
worth to prove that this Is the usual history Of Clt
ry great discovery or invention.
1.-THE present cascaods another chaptcr to tli
long ana uniform history."-2 " alace,. C. Z lie
ports p. 292