The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-11
se2ERTs' PETROLEUM TORPEDO.


so1ERTs' PETROLEUM TORPEDO.
NRPEDOES.
TssE ROIsEKTe
pE7RuS8uM HBRFEpn "a.
office as shs
RsED planning MILL.
0orncroY Pine ana second streets,
Near thc Rsiiroads
TITVsVILLE, Pa. F:
ewing 70 the Iapss and Increasing demand for the
hOberts Torpsdoes, and the late decision of the
Commissioner Of Patnnts in refusing to VIM. Reed
patent. and the decisi'n ef Judge K. T. Gr1er sus
the price Of their TVspedou
Twenty. PER CENT.
30 that every Operator can afford tvtry Q Torpedo
before sbandoidsS Well.
lhe following is the decision rendered BY Judge
Grier on the tSenty second (22) day of eeptsm her
lse, in the United States Circuit Court at PhiIade
phia. The case WAS argued three days by Charles
NJ Keller Of New York, D. y, Lucas and s. A. Pur
.s'hev VI ltuebuikI, lOr utituudfls, alQ George
iianiing Of Phiadelphls, and George L. Chrisiy, Of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusions to which my mind has couie after csretn
examination Of this case.
The com plainlnt has exhibited a patent dated
18th Of April, 1855. This is prima aciy evidence of
Z keo1 utle ana puts on the respondents the bur.
den Of proof that the patent ie void or worthless
need not repeat my femariks IN the sase of Good
ytsr vs. Day Il Wall, C. C. Rep; 1Xpl but now
adopt them as aifording rule OF decision witch an.
ptes clearly to the present case.
As the Infringement of the patent 10 adnni, ted.
the only question will be as 70 the validity of COM
plainants patent of April 25, 1858.
1T wa: after speculation had been reduced to
practice" and after repeated experiments that the
complainant succeeded in overcoming he nrejuCce
and ignorance of the people on the subject and
persuading the public that his invention was seI:
m.er NC nae es'ADnsned lts great utility and value
~no when MS genus and patient perseverance in
spite Of sncers and scolfs," were tompleteiv s,c.
cessful, that Reed, who had before made expari.
menls on the same s,ihjcct and was unsuccessful,
imagined that he had the best right 70 inyen,i"n
ard after purchasing one of more conDlanaut's Tor
pedOes ne Applied on the LIST of November 1877
for patent for substantially the same co,nbirn
uons oI oevcee ana auhin, contained in comp ain.
ants patent. On the 10th of the sam. month the
respondents formed themselves into a COMPANY or
corporation called "The Reed Torpedo Cpn,pnny. J,
Tor the purpose Of pirating the complainani's in.
and thu. aosuGp him q ~ 4, o. litigation
severed, even after the preliminary Injunction very
properly granted by the District Judge. wy
Let decree be entered h'r complainant for a per.
petuat 'RunctlOn. and Msster eppOiuted TO fake
an account according to the prayer Of the bill. ~
Il. G. GltIER, Judge.
!. NorE.-Ihe passage referred to bv Judge Grier in
MS FORMER decision, y Wallaee, p. 200 sdopted ms
app tcabie to this case was as follows: "'
IT Is Usually the case, when any valuable di.cov
cry IS MADE or amy new machine Of or, at ity i.
ene y, ta, @ % sne attention of the public has beer
persons have BEEN making researches and experi
ments philosophers anu nechancians NAV Fay,
" some MEASURE anticipated in their sp.cli alton,
rnc poss,oy OF proaoilty Of such discovery o
,nVentiou many experiments have beer succes. .fiIl
tiied, coming very hear yet failing short oi tn,
desired result. They have produced uoIhino henr
nc % III hhs H., inven.iHn .ss pssfectsd may truly b
mon 8, not only by the inventor, but by many 9TH
ors. be may hav. protted Indirectly by The ms
ceseful experiments and failures of olLer. but i
a, .ne'n 20 rieht 10 cam share oil the he nor
uc pront oi tpe successful inventor IL ia who,
speculail0n has been reduc' to practice. when ey
pertinent ha- resulted in dis ;overy and when tn
discovery ha- been perfected by patient ana conin
n,.nrsi",, M mnen some new compound. art
| manuisctuie, or machine has been Ihli, nroducc1
when is useful to public that the party nakins
becomes apublic btnciact0r and entitled fo ,a ,ent
anu yet when genius and patient perseverance
nave at iehgth succeeded, in spite of sn. ar. an,
sc0ns, some va aluable invention or disco-erv hoy
seldom Ia IL followed by reward Envy ron. hin
OF the honor, whiic spectators, swipdlc A. nnd mi
rates rob him Of The profits Every unsnccess d
| experimen'er who did Or did or did not come ytr
near making discovery now claims It. Every OF,
VINO can Invent All Improvement or vary It's form
| claims right to pirate the original discovery "
nced not summons orse or Blanchard, or Woo,
worth to prove that this Is the usual history of ev
~ great discovery or invention
"Ihe present case aods another chapter tn thI
| ports .. 29A N