The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-17

sNn19n1R, PETROLEUM YORPEDO.
slsORP ..EDOES.
rIfE KOHEnT~
nETRstEVM YoRrEns ca.
office at the
RED pLAKIK6 MILL
OoEnsr OF Pine ana seeond srsess,
Near she RatiroaA,)
TITUsVILLE, PA. :
Owing 70 the large and increasing demand for the
Roberts TorpedJes, and the lsle decision uf the
CommissiOuer Of pateuts Ia refusing to VIM Reed
patent; and the d.cis n Of Judge +. q Grtef cue
taiAing the Roberts piteat they have LOWEAED
the prico or their ,forpedOes
:TwENrf;. PER CENT.
before abandoning Well.
Ihe following il the decision rendered by yudce
Ssrler on the twenty second (32) day Of ssctsn Nr
lsw IN the United states Circuit Court at Pnade.
a. Keller Of New York, b. n Lucas and <. Pur.
siancs of Pittsburgh, for Aetendants, and (jeor~e
Harding Of Philadelphia, and George H. Christy, If
A1tsburgh, for plaintiff.
OPINION or JUDGE GRIER
As write with difficulty can only state the con
tl.isions TO which my mind has come after careiu
The com: claimant has exhibited . patent dated
18th Of April 1858 This Is prima fade evidence OF
q good title. aud puts on the respondents the bur
deii OF pr0nf that the patent Is void or worthless
neei not repeat my remarks In the case Of Good.
year ~ Day IL Wall c. q. Rep :2g.) but now
adopt them a. aiOrdng rule OF decision which ap
piles clearly to the present case.
Az the infrtngemtHt of the natcnt II admit TOD
ihe only question will bo as to tho validity of com
plainsn's patent Of April u. 1883.
at was after speculation had been red,,ced IN
lractice, aud after repeated experiments thai the
complainant succeeded in overcoming he preiudice
aud i5,ofance OF tue people on the subject, and
persua 1iug the public that his invention wss usenl.
after he hid established ts great utility and y.ne
and ''when his gei'u. and patient perseverance, in
spite Of % sncer, and scoa.," were completely sue.
rentA ON the same subject, and was unsuccssrrfri
Imagined that he had the best right TO the inyenrion
aid after purchasing one OF more Complanant's i tor
lodOes. he applied on the lst Of November. 1851.
for pat ,nt for substantially tho same comi,na.
lions oil devices and achine Contained in comnain
ants patent. On the 18th OF the same month the
corporation called 1.-The Reed Torpedo COnpanv. !,
for tine purpos, of piratiug the complainani's in.
ventlon and supporting the expense of litigation
severed even sfter the preliminary Injunction ysry
properly. granted by the District Judge ~
Let q cree be entered for complainant for per
pctuai injunction, and Master appointed TO take
Sn account according to the prayer of the bill.
X. G. GKIER, Judge.
NorE.-The passage referred to by Juice Cr,er n
his former decision, Wallace, p. 300, adopted a.
applicable to this ease was as follows:
"it IL usually the case, when any valuable d.cov
cry 10 made or amy new machine Of great utility il
Invented that the attention of the public has 6eer
turntd to that subject previously, and that man,
persous have been making researches and experi
1neLts Philosophers and mechanicians NAV fay,
An 1rs i.Ql To- eI....
the possibility or probability Of sueh discovery q
Invention; many experiments have been successful
ly tiled, comiug very near. vet falling short ot th
desired result. They have produced nothing bene
neal. The invention whel perfected may truly b
e.id 70 Dc the eliminating point OF many expert
men s, not only by the inventor. hut BY MANY oth
0rs ne may have prolted Indirectly by the unsuc
ce'sful experiments and failures of Others, but
gives them no right to CAIN share of the nc nor
tne proat OF the succcssful inventor II Is wbe
'n,t nas Deen 5eaucsd to practice, when ea
iscovery has been perfected by patient ana con.ir
ued experiments, when some new comnonnd ar
manuiacture, or machine has been TIM. nrOfluce
which 10 useful to the public, that the party making
besomes apublic benefactor and entitled to paten
Aho yet when genius aud patient perseverance
have at length succeeded, in soi,e of sneers m
svons, some valuable invention or disco"ery, no
seioon ID II followed by reward Envy rob, hi
" Tue honor, whiie speculators, swindlcrs and \
Iaues Tod INN OF the profits Every unsuccesst
oxper,mnn.er who did or did or did not come yts
near making discovery now claimsit Evcry n,
Way Gun inVsat an Improvement or vary its lotr
claims right to pirate the Oripiua, discnverv u
nsed NOT summons morse or Blanchard or Woo
worn 70 prove tmat tns Is the usual history Of ey
"The present case Aods anothsr ch.r.n. a. a,
long ana UNIFORM nistory."-2 Wallace. g, q.
porte p. 292 ~