The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-18

- 80 : --s'-. - = x ~. :.
!. sAEERTs' PETROLEUM TORPEDO.
E0RxlP EDOES.
THE IEUBEIsYNs
PETROLEUM T0RpEp0 CO.
Office at the
fkaD PLANIHG EHILL,
Corner OF Pine and Second Streets,
Near the ksatirOndD
TITUSVILLE, Pa. :.
Owing to the large aud increasing dcmasd for tho
kcber's' Torped,es, and the late decision OF III,
Commissioners ot Patents IL -elil sing 10 VIM K,,d
pssent aid The d,ci.i N Of judge Il. Z orier sus
si.iis the h,betis, itent they have LOwEKED
'se price VI theif Iospedo,s
-rwEN ~ PER CENT.
70 ,na. every Operator can afford ,v try q Torpedo
bGote SDalcoing Well.
The following j. the decision rendered by Jni,,,e
S'rier on the twcitysecond t22) day OF Seitember.
IS.' IN The United States Circuit Court at Pbladel
piiia The case Sae argued three 0ays by CHARLES
~, a. Me'Nr 81 New iorE, b. Lucas and 5: A. Pur.
E..uins OF puiaieiptis, and Geuigc Il. Ch,isly, Of
FitisDursh, for pa ntin.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
cius!ou. 70 which my mind has come after u csre:,i
examination Of this case
25th Of April, 1855. THIS is prima facic evidence ~;
good title, and puts on the respondents the bur.
den OF PROOF that the patent il void or worthless
heed not repeat my remarks in the case of Good
Wun Rayn. .rl 4,
adopt them AZ aloriing rule OF decision Which an.
plies clearly TO the present care.
AZ tue infringement of the patent ia almi, ted,
the only question will be ns to the VALIDITY of com.
l!a.nans patent OF April rs, iS5S.
ut was after speculation lad been reduced TO
practice" aud after ,epeated experiments, that tho
ard Ignorance OF the people On the subisrt ANA
1frsuading the public that his invention was ussfu:
dter he had established its great utility aud value,
NM, .nu mnen ns genius ana patient perseverance,, in
bpite o' hilcers ana sCOh.," were completely s-c
cessfui, that Reed, who had before made expsri.
1nenta IN the same subject, and was uu.uccr,.fpI
I'm inel Ihet ne mad the best right tothe invention,
aoc a,ser purchasing one OF inore Complainant : Tor
peeoe-, lie applied On the lst OF November 1857,
.Jr patent for substantially the same combioa
uoLs oi devices and Machine contained in complain
ants patent. On the 10th OF the same month the
Respondents formed themselves into a co,np,ny or
enipotaIion called "'rhe Reed Torpedo Con,pany.m
IoE the pIrpose Of pirlting the compainani's in.
rentIon, aud Supporting the expense of litigation.
and TIN, deiraui hn of the fruits. They have ne.
severed even aiitr the preliminary injunction very
propeIiy granted by the district Judge.
i.et decre; be entered for cOmpaiuint for n nor.
re,nai INJUNCTION, and Mastcr appointed 10 take
Al account accordn. 10 the PRAYER of the bill
H. c. GRIER, Judge.
EorE.-The passage referred to bv Judge Grier in
his former decision, Wallace, p. 300 adopted az
app icAbic 10 this ease was as follows:
III 10 Usually tile case, when any valuable dscov.
cry Is rIade, or any machine Of .,rrat nj Inv il
a., lie lp. ba,,
urntd to that subject previously. and that may
per"0us lilve been making researches and experi
h.ens. Philosophers aua mech inicals may havt
~ some measure anticipated in their sprcuation-
the ir)asihlilty or probability OF sneh discovery q,
in:enliol; many experiments have been sr,ccrssfnl
y uir1' coming very near yer iaing short OF the
desired result Tney have produced no,hinr ben.-
fclal ih. Invention when perfected NAV Irnly he
rAid 10 be the eliminating point of many esneri.
Inen y net only by the inventor. hut by many 9TH
Urs. We msy hay. pro,itcd indirectly by The i,nsur
ce.sfu experiments and failures of o,her. but II
gives theu no right to cam share of the hcpor of
y1c profit OF the successful inventor II il when
spesuia ,oh has oeen reduced TO practice, when
discovery has been perfected by patient ana coniin
ded experiments, wien solue new compound, art,
Ai.autictuie, or machinc has beon hyi. produced
vncn lie nseiulto the public thlt the party naingit
becomes public beneiactor AMI entitled TO a uatant
land yet when genius aud patient perseverance,.
have at length succeedcd, in spite Of sneers and
rcofl, soinc vauabl. invention or Gjsco"ery hov
seldom Is IL followed by reward Envy robs him
OF the honor, whine specuhiors, swindlers and nj.
ruivs rub him OF the profits. Every unsncce.shl
eAporimenter who did or did or did not come very
near making a discovery now claims Il. Every on,
VINO oah invent an Improvement or vary its iorm,
claims right to pirate the original discovery We
need not summons Morse, Or blanchard, or Wood
worth to prove that this il the usual history of eve
ry grea, discovery or invention.
"rhe present case ADDS smother chapter to this
long ana UNIFORM history."-2 Wallace, c. {. Re