The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-10-25
OPINION OF JUDGE GRIER

As write with difficulty can only state Tho ~.
illusions To which my mind has come after a c,,S9
examination of this case.
The complainant has exhibited a patent s,,
25th Of April, 1865. This i prma facie eyidsrss
a good title, and puts on the respondents me H..
den of proof that the patent is void or worths.
noed not repea, ny remarks in the case of C1oi
year ". Day u Wall, {. c. Rep; :29) hut t.v
adopt them ailording rule oi decision wAieb ,'
plies clearly to the present case.
As the infringement OF the patent is admits h
the only question will be as to the validity OF o,t
plainans patent of April 5.lS5S.
81 was after speculation had been reduoa IN
practice and after repeated experiments Ib, MI
complainant succeeded in over coming the prti,dcs
ANA ignorance of the people on the subie,t srJ
persulding the public that his invention kwas u.f
ait-r he mad established Its great utility and vain.
and when his genius and patient perseysrapc. IN
spite sheer. md scoff..r were oompleteIv ~
ce-s siu, that Reed, who had before made ert-
ments on the same subject and was unsuoc,e eh
ana after purchasing one or more complainau..t05
peloes he apple d on the lst of oven, her M.
for pate,t for substantially the zane comhr,.
tons of devices and machine contained in comp,r,
ants patent; On the 18th Of the same NJ ouil M
respondents formed then-e Ives into n compaD, i,
cor, Grafton called "lhe iced Torpedo CGmt,-,,
I r the purpose Of prating the complGinpni.s'
vention, aid supporting the expensee OF litlg.,ts.
and tnus dcfraud him of the fruits They have ~,
served, even after the prel.mary injuuctiu n ven
properly granted by ii, ui-tricf judge:
Let degree be Gntercd for CONF lainsrt for sb..
petual injun ction; and Master, apponte 70 nl.
an account actoidingIy 10 the payer ofthe.bil
r. c. GkIEk, Juds.
NorE.--fhe passage referred to by Jndcc Gryjr
his former decision, Wallace d. 200 ndoniJ =.
applicable to this case was ~ follows:
at il usually the ease, when any valuable fiu,,
cry Is made, or any new machine Of great mi n,
invented, that the attention of the public has y
turned to that subject previously, and that rrJ
persons have been making rpsearrhcs and -.
ment5. Philosophers ana mechanicians NAV nv
IN some measure anticipated in their spcculato,,
Ehe possibility or probability of such discover or
invention; many experiments have been sncce;.hl
~ uled coming very near. vet falling shprt Al ~
desired result. They have produced notbipg b,,s.
hcal The Invention whe perfected NAV Trulr =
said to be the eliminating point Of many eysr
mon =, not only by the inventor but bv many N.
ors ,ie may nave prolited indirectly by the inslt
cessiu experiments and failures of uthers bp, n
give them 90 right to claim share of the bCuo,G
the pruht OF tho successful inventor IL is W..
speculation has been reduced to practice when ~.
perm ut iar resulted IN discovery and when ig
discovery has been perfected nv patient ana eoptp
ued experiments when some new cou,nound al
manufacture, or machine has heen ibu. nrpdrt.j
whchis useful to the public that the party nakissf
becomes apublic boneiActor and entitled 10 A paet
Ahc YET when genius ard paiitni perseSefgrs
have at length succeeded, in spite of snr.r. nj
scoffs, some valuable invention or disco"ory hs
seldom is ii followed by reward Envy robs lin
OF the honor, Shic spectators, swinders, and ri.
rates rop nm OF the profits. Every unsuccesssl
experimental who did or did or did not come Yeiy
near making discovery now claims it, Every Ol
VINO can invent all improvement or yarv It's iorr
claims right 10 pirate the original discovery v.
need not summons Morse or Blanchard, or Wol
worm 70 proVetha' this Is the usual history Of
~ great discovery OF invention
7"Ihe present case ADDS another chapter 10 M,
Ione ana Uniform history'-2 WallaceJ Z. Z III
ports p. 2s2