The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-18
soBERTs' PETROLEUM TORPEDO

THE ROBERTS
! PETROLEUM TORPEDO co.
I OffsCs az ihe
fRHD REANING MILL,
| CORNER OF Pine and second streets,
Near the RaiirOad,)
TITUsvILLE, PA. ::
OWING 70 the large and increasing demand for the
Roberts TOrpedoes. and the late decision OF the
patent, aid the decision Of Judge Il. Z Grer sns
| tanning the Koberts' patent they nave LOWENED
| the price Of their Torpedots
:TwEN X PER CENT.
40 that every Operator can afford ~ try . Torpedo
before abandoning Well.
The following is the decision rendered by Judge
Grier the twenty-second (22) day Of September,
lS. in the United States Circuit Court at Philade
phi.. The case was argued three days by Charles
NJ. Keller Of New York, b. r Lucas and ). A. Pur-
viance of Pittsburgh, for defendants, and George
Harding of Philadelphia and George II. Chris,y, VI
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
clusions to which my mind has come after carelu
examination Of this case.
The complainant has exhibited . patent dated
18th Of April 1865 This Il prima facip evidence ui
COED ts and pat. on the re:p%ndsn.s the bur
need not repeat my romarks In the case of Good
year Va: Day u Wall, C. c. Rep; 2s9) but now
adopt them as atlOrdinx rule OF decision Which ap
plies clearly to the present case.
As the Infringement Of the patent 10 admit ted,
the only question will be rs to the validity of com
painan's patent Of april 25 1s5s.
''lt WAS after speculation had been reduced to
ed ina arfa
complainant succeeded in overcoming he prejudice
and Ignorance of the people on the subject and
persunding the public than his invention was useful!
ater he had established its great utility and value
and "when his genius and patient perseverance, in
spite of sneers and sco.fs," were completely stc
eessfhl, that Reed, who had before made expert
Imagined that he had the best right to the inyen ion
ard after purchasing one Of more COMPLAINANT 4 Tor
pedoes, he applied on the list Of November, 1887.
FOR q patent for substantially the same combinn
tions OF devices and achinn contained in compain
anrs patent On the 10th Of the same month the
Respondents formed themselves into a company or
corporation called 1.-The Reed Torpedo Company"
for the purpose Of pirating the cOmplainants In.
venttOn, and supporting the expense OF litigation
and thus defraud him of the fruits They have ne.
severed, even after the preliminary injunction very
properly granted by the District Judge
Let decree be entered for complainant for a per.
petual injunction. and Master appointed 10 AXE
an account according to the prayer Of the bill
r. c. GRIEk, Judge.
NorE.-Thc passage referred to bv Judge Grier in
bis former decision, Wallace, p. 800. adopted az
app icabie to this was rs follows:
"!t Is usually the case, when any valuable d.coy.
cry s made, or any now machine Of great Mi itv l.
invented, that healtenton Of the public has been
turned to that subject previously, and that many
persons have besn making researches and exneri
ments. Phlosopners ana mechanicians NAV have
N some measure anticipated in their organizations
the possibility or probability Of such discovery OF
invention; many experiments have beer successful
~ tied coming Very near. yet falling short of the
desired result. They have produced nothing beue
dcial. The invention whe, perfected may truly bt
said to be the eliminating point OF MANY experi
men S, not only by the inventor but by many 9th
ors. tie may hav. proted indirectly by The irn,uc
cessful experiments and failures of oiher. but i
gives them no right to cam share OF the nc nor
TIE profit OF the successful inventor Ii is whe,
speculation Las been reduced to practice, when ex
pertinent has resulted In discovery and when tin
discovery has been perfected by paiient ana contjn
| ued experiments, when some new componnd art
manuiictuie, or machine has been thu. Dtoducc,
which 10 useful TO public, that the party uah.
becomes apublic beneflct0r and entitled to ua emf
"And yet when genius and pttit Mt perseverance
have at length succeeded, in spite of sneers nnt
-cOtfs, some valuable invention or discovery how
seldoni'is il followed by reward Envy robs hin
Of the honor, whiie SPECTATORS swindles, g, and ui
| rates rob him of the profits. Every unsuccessful
exi'ermenter who did or did or did not come v,r,
near making discovery now claims 1t, Every on
| who can invent an improvement or vary its form
claims right to pirate the original discovery W
need not summons Morse or Blanchard or Wood
worth to prove that this is the usual history Of eve
| ry great uiscoyery or invention.
"lhe present case ADDS another chapter to thi
long and uniform history ."-2 Wallace, c. =. X.
| pOrta o. 2o2.