The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-25
TWENTY PER CENT.
OPINION OF JUDGE GRIER.

AZ write with difficulty can only state the con
clusions to which my minG has coms after care III
examination Oi this case.
1nc cum iilinaut has exhibited patent dated
2s,h Of AprIi. ISIS. Tins l. prma lacir evidence ui
4 gop.iitie and puts on the respOrdent. the bur.
den of proof that Ihe PATENTS void Or worthless.
1 n3sd not reD-., ny ieniilss IN tie ease Of Coed.
year W. Daj u Nsli G. c. ReE .:9l but now
adopt tncW--s aUrtus rule OF decision which al
pie- clealyiO tnapesent Case.
A. ;!ie inilingepsnt OF the patent is admit ted,
the nnly Qu, II on-vi be to the VALIDITY ui com.
piainenis patent OF April ~, ls5S.
at was after speculation mad been reduced 10
practice and alter repeated experiments. tAat the
coInp!auent sitcccecd in overcoming he prijudc.
aud I,uogancc oT the pvOp,s TIE subject and
persutCing tne pablo taat his iHcntioa was nseul:
after be had established ~ great utity and value
aud "Hhen hts genus and patient perseverance, in
spite o; snre.- aud scOt-,r were tomllc,olv sac.
ces-tul, that Reed, who Lad bcitle made exteri-
Eiini- on the siiue slhjeUt, and was unsucces .fl
imagiueith0t lie had tie best light to tneiiycnien
AID after purchasing one o. more compliments TOR
nedOcS lie Applied On the i>t of November, 1851,
for patent for Substantially the same cnml,ina
tons or devices and achile contained in conn, ain
ant's patent. On the 10th of The same month the
Respondents formed themselves into COMPANY or
corporation called ''rne Reed Torpedo Coin,an,,i
for tue purpose of prutIig the clnpaiuaui's in.
yentiOn ana supporting tile eNpeAse pl lit-atiol
Id thu- teiiaud him Of the irns. They have per
severed even after the preliminary Injunction VERY
property gtsulel by the District Judge
Let a d cree be entered for complainant for per
pctual Injunction, aid Aastcr appointed TO lake
al account according 10 the prayer Of the bin.
Il. {. GltIER, Judge
EorE--I'Le psssage referred to bv JUDGE G.ier In
his former dee .'on, j Wallace, p 2S3 adopted hs
app icatle to tins case was Us fuilows
at l. usually the case, when any valuable discov
cry il wade, or any new machine Of great ut.ty is
Invented, that tue attention of the public has been
turned To tlml subject previously, and that many
persons have been making Researches and eSperI
meI,s. philosophers ana mechunicians may. have
N some rsGre anticipated in their speculat!ons
ync possibility OF prob'billty O! such discovery or
invention; mHny experiments have beer. successful.
ly tttd ctli. very near. yet failing shult of the
Ceaifyd roaIlt. They have produced nothing hcne-
&c al. lh- tnvcniun wllel perfected may lIllv he
id 20 be- tbs eliminating point OF Jnaiv expe i
mei =, n / On by the inventor, but by ,naiy ot-
or-. de may hay, prnited indirectly bv the .n-uc.
ce .sfl ox rliineh.s and failures OF other but IL
gives tueu rig!t to cam share OF the he nor of
the prof. Of tie successful inventor IL ia when
rpeculaon has been redIcsd to practice when ev
discovery has b. II perfected by patient ani cnitiu.
Iel eNppr!mehts when some new coripOLnd art
clanu:lcture. Inaehnc has been thu, produced
which 10 uscul to epubic that the lariv il
beeSihus apubiic beneactor and entitled 10 patent
"And Yet wien genius and palieut perseverance,
have Mt length succeeded, in spite of sneer- and
SCOTS, some vnlluble invention or disco'-ery how
seldom IS ii followed by reward Envy robs him
of the honor, While specnators, swiEdles, and nj.
rates rob him OF the profits Every uu.ncce.stiiI
near making discovery now claims IL. Every one
who can invnt an Improvement or vary its form
claims right to pirate the original discovery We
need not summons -aoIse, or Blanchard, or Wood.
worth to prove that ,hia is the usual history of eve
ry great discovery or Invention.
''ihe present case ACIDS another chapter to this
long and nuifJgm hstory."-2 Wallace, e. L Re
ports p. 20.