The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-25
AUbERTs' fETkvLEUh 1URPEDO.
,NRP EDOES.
THE ROBERTS
PETROLEUM TORPEDO CO.
Office at the
Ran PLAEENG MILL.
Corner 81 Pine and Second ytreets,
sSear thG IsaiirOad,)
TIrU6VILLE, Pa.
AUbERTs FETkvLEUA IURPEDO.

Owing TO the large and inci san. demand for the
Bob sts I'0rpeaDe- aud the late 1scision OF the
Commissioner Of Patents in re,us,lig to VIM. Reed
phent AID the o.cslnu Of Jul,c r. &. Grler sus-
,si1iny the ROBERTS patent tley have LOWkkED
tAe pflCe Of their Torpeaots
.rwESrI PER CENT.
70 that every Operator can afford ,v try a rorped,
be.ore Abandoning We'll.
The following is the decision rendered by JudOe
Grier on Tue twentysecond (21) day of Sertembsr
isN' Ia tl.e United States Circuit Court at Phade.
pnia TIE ease was argued three days by Charles
II. Keller OF New ork, b. \. Lucas and s. A. Pur
Nndee OF Pittsburgh, for dcfendanrs, and Georoc
la dAs OF l'niiadeipha, and George IL. Uhrsly, If
fiiieSsreh, for plaintiff
OPINION OF JUDGE GRIER.
Il write with aihcalty eau only state the con
sla-ions 10 which ii.y mind has come afer csrst,,.
eAIuilnticn OF this v,se
The com t.la,nant has exhibited patent dated
Got, Of April, 1855 This is prma facie evidence OF
S0M title, ani pats on the respondents the bur
scn oil pronf tait the patent is void or worthless
need not repeat my remarks in the case of Good.
!sar W Day 4 wall q. G. Rep; z29) bat now
l'iies cies..ly TO tile present case.
as The infringement Of the pa e t is admitted
the on, e,iest.on viii be as to the validity OF com.
piaihaa's patent of April -, 1858
"I' was after speculation had been reduced IN
lracii-e, aid alter repeated experiments thar tho
e0i!psilant succeeded in overcoming he preiudice
aud u 0railce of tGe people on tho subfecr and
itrslsling the public tal his invention WAS
"i.sr he hid established its great utility and yalne
snc when hs gen us anG patient perseverance, in
eii'e oi slcefS and SCOTS, were lornDletelv sac.
esssful, that Hoed, who had before made evncri
ihen' on the slme subject, and was unsuccessfai
iin'rined that he had the best right to
aiI after purchasing one Ot co onpainant', Tor
lieduGs lie applied on the LIST of Noyemhar IsE,
f'r Il patent for substantially tho same combinn,
iiine oi devices '.ii ravhe Contained in Complain.
ai.t patent Un ine 18th OF the same month the
iesl indints formed themselves into a comn,ny ~ nv
c"ii'oE''lion called "rhe Reed Torpedo Comnanv !,
lor - plrpose OF pirating the cumplanant's in.
Nention, anI supporting tine expense OF Iitigation
aud t,us dstraud niai Of the fruits They have na
tevesei, even after the preliminary Injunction vsry
ffopcf!! grained by the District Judge
lanai 1nc,io oY entered ior complainant for per.
~ account according to the prayer of the Bill.
Il. G. GluER, Judge.
,korE.-The passage referred to by Judge Grier in
ms 'orlier DECISION, b Wallace, p. 299 adopted "a
applicable to this case was as follows:
y; Is u,u.ly tiie case when any valuable discov.
ery u made, or amy new niachine Of great mi ity /.
NV 'hted tiint the attention of the public has bean
tA'nuo 70 mat subject previously, and that many
so.e ave t,' DEN milking Researches and expert
mems III losopners ana mechinicians NAV hava
ia soiLe N 4sure anticipated in their sprcnatiuns
Lac possibility or PROBABILITY Of such discoyerv n,
tn,.huon' many ,riments have been successful
uen' coming xeiy hear. yet falling short of the
Cesiied result Iney have produced nothing hene
bcal The iayen,ion wheu perfected NAV truiv h,
S " no .iic Gun. M mating point OF many expert
i
ore' ie may nav. prolted indirectly by the iius,,c
ee'siu experiments and failures of other,' hrt Il
give. them no right to cam a share of the he nor M
Lie prolt OF ihe successful inventor In ia Iyhe,
.pe.u'etioh has been reduced to practice when ey
psr.neht ma resulted IN discovery. and when tina
~. mas Deel perfected hy patient anu contin
ued experiments "hen some new coapoInd arr
hi.nn.!ctife, or machine has heen lh,l. produced
~ncnia aseu to tne public, tina; the party akin,,
tsnihes apublic benetactOr and entit,rd IN na
"And yer Wien genius and patient Perseverance,
have ut length srcceeded, in spi.e of sn.ers and
huous ilhe valuable invention Or oisro-erv taw
s'don Is Il followed by reward Envy rob, Kin
81 tie honor, "hiie specuators, swindle.s, and nj
tn's" roc nm Oh tue profits. Every unsuccess,,
eSIsrm,'nier WHO did or did or did lot CONG y'r,
b'.'f making discovery claims il, Every on,
VINO can ,nvsa an Improvement or vary its form
c'hn!' right 10 pirate the original discovery W
lJoi not summons Morse. or Blanchard or Wand
worth to prove That this is the usual history n;
!. great discovery or invention Va wv
The present case acds another chapter IN tbis
long ard uniform history."-2 Wallace, C. q, Es
to:ts p 2v2 ~ W A'e