The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-13
ROBERTS PETROLEUM ToRpEpo.


ROBERTS PETROLEUM TORPEpO.
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FORP -EDOES.
THE ROBS1Ts
PETROLEUM T1asgDO co.
Office at the
RED rLAXING MILL.
CORNER of Pine an d second Streets,
Near the Rntlroad,)
TITUsVILLE, PA. ;.
Owing to the large and increasing demand for the
n0berts' Torpedoe', and the late decision OF the
Commissioner of Patents in refusing tn Wm R,.d
patent. and the decision OF judge H. Grier s,is
tanning the Roberts' p,teAt they have LONEhkD
the price Of tbar Turpedoes
GIVEN n. PER CENT.
40 that every Operator can afford " try Torpedo
before abandoning Well.
The following Is the decision rendered by Juace
Grier on the twenty-second t22) day of eeptembSr
lSS, IN the United States Circuit Cour. ut PHI ladei
phia The case was argued three days by Charles
NJ. Keller Of New York, b. T. Lucas and S. A. Pur.
VANCE Of Pittsburgh, for defendants, and Georre
Harding OF Philadelphia, and George Ii. Chrisly, of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
cIlslons 70 which my mind Las come after carei,l.
The com. .ilainani has exhibited patent dated
18th Of April lSt5. This is prma face evidence OF
good title, and pits on the respondents the bir
deI Oh propi tnai tne patent Is void or worthless
need not repeat my remarks in the case of Good.
year Va Day q Wall, c. c. Rep; 2s0.1 but now
adopt them as afiUrding rule OF decision witch an
plies clearly to the present case.
As the infringement of the patent 4, adn,i, ted
the only question will be rs to the validity of com
plainanis patent of April q, 1858.
"lt was after speculation, had been reduced to
practice aud after repeated experiments that the
complainant succeeded in overcoming he preiuoice
and Ignorance of the people on the subject. ana
persuading the public tnat his nvention was useIuI.
after nc had established Its great utility and value
and "when MS genius and patient perseverance, iu
spite of sncers and scoifs," were completeiv s,c
cessful, that Reed, who had before made experi.
menis on the same subject, and was unsnccessflj.
imagined 'hat ne had the best right to the invention
and after purchasing OF more Coinplannnts Tor
pedoes. he APPLIED on the list OF November. Isni
for patent Tor substantially the same comlina
uOns of devices ard aChne contained in con,,,inim
ants patent. On the 10th of the saine month The
respondents formed themselves ihtO companv mr.
corporation called "rhe Reed Torpedo Coirprnv.n
Tor the purpose OF piratins the complainani's in
vsntion, aud supporting the expense OF litIration
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 he entered for complainant for n nor.
petua injunction. and Master appointed 10 fake
an account according to the PRAYER of the bill.
ru .,,,rz. Il. Z. GH1ER, Judge.
his former decls' Wallace, p. 800 adopted as
app icabfe to this case was as follows:
ut Is usually the cusc, when any valuable discoy
cry Ia uiade or amy new machine Of great ity /.
n tha
turned to that subject previously. and that many
persons have been making reseai ches and cxp,ri
ments Philosophers ana mechanicians NAV law,
IN m some m, a.nre anticipated in their spccuations
the possibility or probability of such discOyerv or
ihventlon many experiments lave beeu successful
" ulea, coming very near. yet falling short of the
aesired a @ result. They have produced nothing bene
heal The invention whe, perfected NAV truiv he
said to be the eliminating point of MANY exneri
men 8, not only by the inventor, but by many OH.
ors. lie may hav, proilted indirectly by the 1nsuc
cessu, eAperiments ana failures of Others, but it
gives tnem no right to clam share OF the honor of
the profit OF the successful inventor II is when
speculation has been reduced to practice ,rban ey
pertinent has resulted in discovery and when that
discovery has been perfected by patient ana contn
ued experiments, when some new comn0und ART
manufacture, or machine has been Ihu. produced
winch Is useful to thepublic, that the party
becomes apunlic benelactor and entitledto patent
"And yet when genius and patient perseverance
have at length succeeded, in spite of sneers and
scOifs, some valuable invention or disco"erv how
seldom is ii followed by reward Envy robs him
Of the honor, whiie speculatOrs swindle =. and MI
rates rob nim Of the profits. Every unsuccessful
expermenter who did or did or did not co,ne very
near making discovery now claims It, Every one
VINO can invent an Improvement or vary its iorm
claims right to pirate the original disc very We
need not summons Morse Or Blanchard or Wood
worth tn prove that this is the usual history of cy,
ry great oiscovcry or invention
'The present case ADDS another chanter to tbis
long and uniform history."-2 Wallace, C. [. Re-
ports p. 292.