The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-17
ROBERTS PETROLEUM TORPEDO.

ROBERTS PETROLEUM TORPEDO.
lFORPEDOES.
THE ROBERTS
/ PETROLEUM TORPEDO CO.
Office ~ the
|R I'D PLANING MILL,
I 0erner - Pine and second streets,
Near tho RatirOadl
TITUsV1LLR, PA. ::
Owing to the large and increasing demand for the
Roberts TorpedOes and the late decision Of the
CommissOner VI Patents In refusing to Wm Reed
patent. and the decision Of Judge r. Z. Grier sus
taining the Roberts pltent they have LOW Erred
the price Of their Torpedoes
TWENTY. PER CENT.
40 that every Operator can afford 10 try Torpedo
before abandoning Well.
The following ia the decision rendered BY Judce
Grier on the twenty. ts2l day of September,
phia. The case was argued three days by Charles
NJ. Keller Of New York, u. 4. Lucas and s. A. Pur.
VANCE Of Pittsburgh, for defendants, and George
III, uf
Pittsburgh, for plaintiff
OPINION OF JUDGE GRIER
A: write with difficulty can only state the con
clusiOns to which my mind has come after cari,,
examination Of this case
The complainant has exhibited a patent dated
25ta Of April, 1855. This is prlma face evidence of
good title, and puts on the respondents thn hrr
den Of proof that the patent is void or worthless
heed not repent my remarks in the case of Good.
year "; Day q Wall, C. C. Rep 2g9,) but now now
adopt them as afiording rule OF decision which ap.
piles clearly to the present case.
As the infringement of the patent is admitted.
the only question will be as to the validity OF COM
plainants patent of April %, 1883.
practice" aud after repeated experiments that the
complainant succeeded in overcoming he preiudice
and Ignorance of the people on the subject, and
persuacing the public thal his invention was use,n!;
after he had established its great utility aid yaue
and "when his genius ana patient perseverance. in
spite OF sncers and sColis,n were Completely s,c
cessfnl, that Reed, who had before made cxperi
ments Oh the same subject, and was unsuccessful
imagined that he had the best right to the inyeniion
and after purchasing one OF more comDainant,s tor
pedoes he applied on the list of November, 1851
t tor patddns M d ior substantially the same combina
ants patent. On the 18th of the same month the
Respondents formed themselves into a comn,nv mr.
Ssorporation @ % called "rhe Reed Torpedo Company"
LOT tle purpose or pirating the c0mplanant's in.
vention, AMI supporting tile expense OF litigation.
and thus deffaud him of the fruits. They have ne.
severed, even after the preliminary Injunction ysry
properly granted by the District Judge. wy
Let decree be entered for complainant for n nor
petuai Injunction and a Master appointed to take
an account according to the prayer Of the bill.
.g ---,r, II. G. GRIER, Judge
,NorE-The passage referred to BY Judge Grier in
ms ioriner decision, Wallace, p 300 adopted a.
applicable to this case was os follows:
\; is Usually the casc, when any valuable discov.
cry IL made or any new machine Of gre at mi ity il
invented that tneaitention of the public has 6een
turned to that subject previously, and that manv
persons so have been making researches and expert
nlehts fhilosUphers anu Techaniciaus mny iayp
~ some measure anticipated In their specniations
the possibility or probability Of such discovery or
Hyeh.ion ,iad many experiments have beer successful
desreS ,sd sos very near yet falling short Of the
nclai The Invention wheI perfected may truly he
SAID 70 be the eliminating point OF many exnn,ri
%sn nas not & ony BY the inventor but by many 9TH
cessiui experiments and failures of other,' hut i,
ewes them no right to claim share of the hc nov of
tns plsnt OF the succossful inventor II is when
nsri%nt bsl mas Deen Teoced to practice when ex
discovery has been perfected by patient and contin
ued experiments, whom some new componnd art
tUSHh e ar machine has been thus produced
wcn nse'ui TO the public, that the party making
becomes apubc benelactor and entitled fo natsnt
"Ano yet when genius aud patient per,eyerance
nave ut length succeeded, in spite of sneers and
scGns, some valuable invention or discovery, how
'siaoin Is IL followed by reward Envy robs him
u the honor "hiic specuators, swndleis 8, and nj
'ates rob him of tho profits. Every un,ucce.sinl
sAperlmenter who did or did or did not come very
,tr ,h m,sfig discovery now claims it. Every ons
xno 4 can invent an Improvement or vary its form,
,lains right 10 pirate the original discovery. We
leeu not summons Morse, or Blanchard or Wood
'ortn 10 prove that this Is the usual history of eve
y great discovery or invention.
"The present case ACIDS another cbapter Tn tbi.
ong and uniform history."-2 Wallace, c. 6. Re.
orts p. 292.'