The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-06
'HV0s1iE. 1sFRofH0A VlarHDo.
NU111fE. 9NTR0fAUA gVaPEDo.
RNR1P EDONS.
NHE7RODDETs o
YsHsosKuM gaafEau CO.
office ut the
Hun FLAMING HILL.
OOrncr OF Pfne and second Streets,
Near the HatiroadJ
TITUSVILLE, Pa.


k0ber,s' Torpedoes, and the late ,Iccisiun of the
Commissioner Of Patents In rclu-ing to VIM. Reed
patent and the decision of Judge r. q. Gner sus-
tHiDing The kobe-ts' patent they nave LOWERED
the price Of tneir Torpedoes
TWENTY. PER CENT.
sotha, every Operator can afford to.try Torpedo
before aballdoLiug Well.
The following Is the decision rendered by Judcc
Crlcr on the twenty. (22) day OF se,,tsnbcr
lSJ, In the United states Circuit Coui az Pn,laoei
pni;;; ihe case was argued three days by Charles
d. Keller Of New York, B. y. Lucas and s. A. I,nr
yiance OF Pittsburgh, for defendants, and George
Harding of pnaielpha, ana George H. Chris,y. Of
Pittsburgh, for pa,ntif.
OPINION oThJUDGE eRIER
AS write with dtnculty can only state the con
clusions 10 which my mind has come after "a ,,n
examination Of this case
The com iiainint has exhibited a patent sated
18th Of April 1865 This Is prinla f.cie evidence of
good title, and puts on the respondents the bur
d'n & OF pro-. that The patent is void wortlle...
year W. Day t2 Wall, Z. q. Reu x1I b't now
adopt them as ahording rule o decision which an
pies clearly to the present csse.
AZ tue infringement of the pa;elt IA admitted
the onl! question will bo az to The ynlidi,v na o,n
p'anan's patent Of April -, 1858.
III wSs att;r speculation had been reduced to
psaclce, aad alter fepested experiments, that the
comp insnt succeeded in overcoming he prejudice
AM igh0raiice Of the people ON the suhi.s.I aud
pcrsuauing the public that his inyention was rsen,l.
a..ti oe nsa es'oousieu lts great utility and value,
aua when hls genius and patient perseyeranre IN
spite OF sncers aud scohsn were rnn,netai, -
ces-ful, That Reed, who had before ,nade s,,.ri
inea.s On tne same subject, and was unsuccessful,
imagined tat he had the best right to the Invention
~! lter purchasing one or more connl.inan,i ,nr
pedoe' he applied On the lst of Noyenlber isnf
ior u pltenl ior substantially the SANE co,nbna
tons Of devices and achnc Contained in corninin.
ants patent On the 10th OF the same month ,ha
reeppndeuis formed thensev ives into a romn.,'y nS
c"iporalion called The Reed Torpedo COMPANY )
itlrt fltr Asftat at.n.t,,
YEA lion, a,ri supporting the expense of tnn
Apd tns deiraui him Of the irilts. They hive ne.
scveiei even utter the preliminary Injunction Var,
properly granted by the Districr Judge.
Let a decrec be entered for complainant FIR n nor
peiuai INJUNCTION, and AAster appointed 10 TAX,
~ nccoani according TO the prayer of the bn
II. Z. GRiEH, Judge.
NoTE-The passage referred to by Judge Grer in
his former dec!s'on Wallace, D. 200 aJonied na
app icAtie to this case was as follows: y"
IA Ii usutlly the Case, when any valuable ii. .n,v
cry is made, or any new machine OF great riiity i.
Invented, that hesitention Of the public ms ie,
turntN ~ that subject previously, and that many
peirons have been making researche, md erner;
Menis. fh'lOsophers anu mechlnicians may hav,
Iha1ie measure anticipated in tho,r sn,cIintinns
tae possibility or probability OF such discovery OF
in'enuo'; many experiments have beet, succcs.
y uied, coming very near. yet falling short of IN,
oe-iied result. They have produced no,hinc bene
fc.a; The Invention whe. perfected may iruly h,
ssid w be the eliminating point o, many exi,or,
lLen IL not only by the inventor but by mn,'y Min
rrs. ne may nav. proited indirectly by the iusrc
ceesfu experiments and failures of o,hgrs hut
gives them no right to cain Il share of the he nor a
t'e profit OF the successful! inveutor II Is whc
speculation has heen redIoud to practice, when OK
pur'itnt has resulted IN discovery and when tina
i'eo.ssy nas oein Perfected hy patient ana con,it
u'si experiments, when some new compound, Al,
manuactufe, or fnaane has been thu. pro,luce
whic 10 Useful 10 public that the party making
'eoihS' pubic ptneis and entitled to patent
"snd yeI when genius and patient peiscyersnc
have AT length succeeded, in spite Of sn.ers nm
scoda, some valuable invention or discO"ery. ho.
se.doin Ia ii tollowei by reward Envy Iobs hi,
VI the hoaor, ~hiie speculators swindles 9, and nj
fa'es rob htn of the profits. Every un,uccr.st
s2per'nenlef who did or did or did ;.ot come ycr
aear making discovery claims IL. Every on
WHO cad invent an Improvement or ya-y It's form
ciain- right to liTa,e the original discovery "
L'el not suiDmoils HOrse q. Blanchard or Wood
worth TO prove that this is usual history of eve
y great discovery ur invention
'ine Present case sods anothsr chapter to th
l"lg and uniform history.'--2 Wallace, Z. q Es
ports .. :32 '