The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-10
soBEKTs' PETROLEUM TnRpEro


sOBEKTs' PETROLEUM TnRpEDO
EORPEDOES.|
TdE Ron DE1TS
PEERBlxuN TsRrw9 60.
Gzeiae AZ sas
RID PxAxIna MILx,I
D0rner 0f Pine anA ssseAa ssrssss,
Near tho RaiiroadS
TITUSVILLE, Pa. :
OWING 70 ths lapgs and increasing demand NJ the
Roberto 1orpedo&, aud the late decision Of t.e
ComuitsiOner Of Patents In refusing to VIM. Reed
patent, and the Ae;ki'n q judge X. Y Gr.er sus
!aintng the Rob9r pafso they nave LOWEkED
shs price Of their TSpedo0
::Twa4ri, PER CENT.
g that every 0R.ss@, can afford " try . Torpedo
Tho following r. the decision rendered by Judge
Gr1er & e s1 sIe twenty cal Day of September.
Yhia. The case was argned three days by Charles
=. Keller Of New York, D. 4. lncas and s. A. pur
Vance Of Pittsburgh, for defendants, and George
III r1StH uf
Ptlsbargh, for plaintiff.
OPINION OF JUDGE GRIER
A: write with difficulty can only state the con
illusions to which my mind has come after a csre,u
examination Of this case.
llc com, .lainant has exhibited 9 patent a
Ia Of April, 1855. This Is prima facr ev.denceot
~ title, and puts on the respondents the bur
den Of proof that the patent IL void or worthless
neec not repeat my eniarks n the o,ss Of Good.
year ~; Day q Wall, C. c. Rep; AM but now now
adopt them as atl0rding rule OF decision which an.
pile, clearly to the present case.
A. the infringement Of the patent is admi, ted,
the only question will be us to the validity of com,
plainans patent of April 2j, 1858.
"lt was after speculation had been reduced 10
practice" aud after repeated experiments that tho
complainant succeeded in overcoming he prejudice
and isnsraoee OF the people on the subject, and
after he had established its great utility and yal,.
and "when his genus and patient perseverance, in
spite OF encers and SCOTS" were completely s1c
ccssfu', that Heed, who had heloIe made expert
men,s ON the eime slbjeCt and was unsucce, -ful.
imagined thar he had the best right 70 the Invention
lrd aner purchasing one OF more Coupninaut,. lOr
pedoes he anD!ied on the lst Of November, 1851,
| fnr a patent ior substantially the same combiua
tions Of devices and .auii. c,,ltsined in ain
| anI's pasrnt. On the 10th of the samr month the
respondenis formed themselves into a company or
| for tue purpose Of piratng the cumplainn,i,s in
vention, aud suppOrtin, tile expense oi litigation.
| and thus defraud hrn Of the rliits They have ne.
Injunction
properly granted by tne District judge
Let dscree he entered for comDlainant for per.
| petual Injunction, aid Master appointed TO take
on account according to the prayer Of The bill.
| -, --, II. Y. GRlE Err, Judge.
| NorE-rhe passage refsrred to bv Judge Grier in
his lormer decision, Wallace, p. 200 adopted AZ
| spp lcAbie to this case WIS rs follows:
"lt is Usually the case, when any valuable d; .c,v
cry Is made or any new Eiachue Of great II ty l.
invented that the attention of The public has hetn
turned to that subject previously, and that mary
| persOns have bsyn making r,seurche. md exn,r
mcnts. philosophers ami mechanicians u,ny Inv,
U soine n,asare anticipated In their sp criia,;ons
the possibility or Probability Of such discovery ol
,nvsitiou; many experiments lave beel successful
y tiled, coming very near. yet falling short ii ,hs
desired result. They have produced nohp. Icnr
fc,al. The Invention wlie. perfected may trnly h,
Said TO be the eliminating point OF many expcri
ors ile may hav. profted indirectly by The I'm. c
ce.;.ul experiments and failures of other, but i
gives them no right to ca IN share OF the he nor o
tne proat OF TUG SUI cossful inventor 1t IL wbe,
speculation hau been reduced To practice, when ex
pertinent fa- resulted IN discovery and when ta
discovery has been perfected by patient anu contin
ued experiments wAen some new compound art
manufacture, or machine ha. been Thu. pr,duc,,
which s useful to the public, that the part making
becomes apubltc brnehctOr and entitled to Ia snt
"Ana yet when genius and paIi mt per-eseranc
nave ~ enssn suce, coed, In spite Of era an'
seldom Ia II followed by reward Envy rob. hin,
OF the honor, "hiie speculaturs, swudie 4. and nj
rates rub him OF the profits Every Unsuccessful
exporlm,ner who did Or did or did not come v,r
near making discovery npw claims IT, Every on
xho can invent Gn Improvement or vary its form
CLAIMS a right to pirate the original disc c,very W
worth to prove thct this Is the usual history of ey,
ry grrat discovery or inve1tion.
"ihs Present csse aods a,,ether chapter to thi
long and aas anforn hiatory."-s Wallace, c. G. Ii,