The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-15
OPINION OF JUDGE GRIER, N

A write with difficulty l can only stat, II, FE
clusions to which my mind has come after ~
examination of this case.
The complainant has exhibited Q pa,ep, u
25th Of April, lsJ5. This is prlma facie evd,,E
good title, aud puts on the respondent. ibs
den Of proof that the patent is void or wor,t,J !
! need not repeat my remarks in the case Of nj =
year W. Day u Wall, e. c. Rep ..g,I hui !
adopt them as siiordng ule vi decision vlis Al
plies clearly to the present case.
A tho infringement of the patent Ia adnh,g
the only question will be NJ to the validity I ~
plainsnts patent of April p, ls5S.
II was after speculation had been r,dr,s I,
practice ana aiur repeated experiments ihsul
complainant succeeded in over coming the p,g'i
aud ignorance OF the people on the subett n
rersualing the public that his invention iva D, n
aftr he had established its great utility aud NJ
and when his genius and patient persever,paIs
spite sneers ,nu scohs,' were compl.,eI "
csssful, that Heed, who had before made ri
ments on the same subject, and was unsueo N
and amer purchasing one or more cumpain,u,,H
pe1Oss, he applied on the lst OF Noveuber,
TOR patsut Tor substantially the same CONT n
ona VI dsvtc,s and machine cont an.d 10 cou,I
ants patent; On the 18th Of the same mon. l.
respondents formed thense Ives into cou,psn,
cor poration called he keed Torpedo ComVcl
Tor the purpose Of pfating the complainant
vention, and supporting the expsnsee OF Ii, is,t.l
and tnus deiraud him Of the ffuita They have 4
served, even amer the preimaTy injunction "A
properly granted by ii, district Judge:
Let degree be enrercd for conn ainar /, 70, ,d
pstaAi inJun cuop; and Master, appoine 70 "
an account accoidingly 10 the payer Of thabia
l. c. GiuER, Jnar
NOTE The passage referred to bv Judge Gns,'
his former decis'On, y Wallace, p. 200 adopted
app Iicabie to this case was as follows:
ut Is usually the case, when any valuable tiss
cry is made, or any new machins Of great u,iiy I
hn TON T.f L.
turned to that subject previously, and that al
persons have been making researches and eIy
msnts. Philosophers and mechanicisns NAV I'd
10 some measure anticipated In their speculna
.ne possibility or probability Of such discover
Invention; many experiments have beeI succa..
ly tiied, coming very near. yet falling short oi y
desired result. They have produced nothing "a
hclal The invention whci perfected NAV iruly I
said to be the eliminating poiat OF manv eIIe
mon Q, not only by the inventor. but BY. JnaIy n
ors. tis may hav. prohted indirectly Bythe rr.,
cessful experiments and failures of Others, BIT I
gives them no right to clam a rhare OF the hcha 1
the profit OF the successful inventor II 10 vital
spe sulstion has been reduced to practice vhsr Gl
pertinent has resulted in discovery. and when if
discovery has been perfected by patient and eOuti
ued experiments, when some new compound. vi
manufactura, or machine has been thus produr!
which 10 useful to the blic that the party making
becomes apuDlic benefactor aud entitled 10 pxHi
sand yet when genius and patient pe,e's'anl
nave AZ length succeeded, In spite Of sntes az
SCOTS, some valuable invention or discosy, hs'
seldom is II followed by reward Envy robs bin
OF the honor, while speculators, swindeIs, and ?,
rates rob him Of the profits. Every un,uces'si;
sxperimentsr who did or did or did not come 'sI
near making discovery now claims 1t. Ever! ~
VINO can invent an Improvement or vary ito iurI
claims right to pirate the original discovery v,
need not summons Morse. or Blanchard, or Voc:
worth to prove that this Is the usual history Of ~
ry Eeat discovery or invention.
"Ihe present case adds another chapter to u
long and uniform history. 20 Wallacsl Z. y h
ports ?. IA