The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-02-07
ROBERTS PETROLEUM rORPgpO.

|TORPt3I)OES.
THE ROBERTS &
PETROLEUM TORpEDO CO.
Office ut the
kaD planning MILL,
Corner OF Pine and Second streets,
Near tho lsaiirOad,)
TITUsE1LLE, PA. :: ::
Owing to the large anlIincreasing demand for the
Roberts Torpedoes, andths late decision OF the
I Commissioned Of Patents inrefusing to VIM. Reed
patent and the decisi III Of Judge IL. tirier
| taining the tOberts' patent they have LOWERED
the price 0f their Torpedoes
TWENTY. PER CENT.
40 that every Operator can afford u try Torpedo
before abandoning Well.
| The following il the decision rendered by JUDGE
| Grier on the twenty-second (22) day of September
1879, In the United States Circuit Court at Phladel
phis; The case wa. argued three days By Charles
| NJ. Keller Of New York, b. 4. Lucas and y A. Pur.
viance OF Pittsburgh, for defendants, and George
Harding of Philadelphia, and George Il. IhrsIy, of
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER.
As write with difficulty can only state the con
clusions to which my mind has come after u care:u
examination Of this case.
The com plsinant has exhibited a patent dated
25th Of April 1850 This Is prlma facie evidence of
good title, and puts on the respondents the bur.
den of proof that the patent Is void or worthless.
year vs.. Day t2 Wall, c. c. Rep; 2.9J bat now
adopt them as atlording rule Oi decision wi ich an
plies clesrly to the present cise.
as onS he , no Of the patent + admitted
plainans patent of April p, 1858.
"lt was after speculation had been reduced TO
practice ard after repeated experiments. that the
and ignorance of the people un the subject. nnJ
persuading the public thai his invention was 1se,,
after he had established its great utility and yalue
sna when MS genus and patient perseverance, IN
cessful that Reed, who had beInre made expari
ments ON the same subject, and was uiI,nccs, sf,
imagined that lie had the best light to heinyeu,on
ard after purchasing one or more conplu;,au,; . Tor
pedoes. he applied on the LIST OF November. is,7
for patent for substantially tho same ron,,.i,a
tions of devices and achiuo contained in conn min
anrs psen.' On ne 10th OF the same month the
corporation called "rhe Reed Torpedo COMPANY
Tor the purpose OF pirating the cuinplainani's in
venton, and suPportinl the expense OF litigation.
severed, even sitter the preliminary Injunction Ierv
properly granted by the District Judge '
Let decree be entered for complainant for n ner
petunl injunction. and Master appoiniei 10 ii;e
~ accouAs uNcoroinS 10 tue priyes of the bill
,-..--, Il. C. GRIER, Judge.
,NorE+-The passage referred to bv Judge Grier in
nis FORMER decision, Wallace, p. 900. adopted as
opp tcabie to this case was as follows: "
ut is usually the case, when any valuable 1sc,v.
cry Is made, Or any new machine of great mi inv IL
invented, that the attention of the public bo. 6an
turned to that subject previously, and that mnnv
persons have been making reseirches md oxmrl
ments. PHILOSOPHERS and mechaniciaps may fav.
IN some m! asllre anticipated in their sp culations
the possibility or promnity Of such discovery or
,,nventiou; many experiments lave bpe successful.
uiea' coming Very near yet falling short o. the
desl.ed result They have produced nothing hen,.
neal. The Invention whe,. perfected may IrIIv he
Said to be the eliminating point OF maiiv exnpm
mon 8, not only by the inventor, bur by many "th.
ors he may nav. proilted indirectly bv the nnsnc.
ce-sful experiments and failures of olher.. bnt i,
gives them no right to ca m share o, the bc nor of
the profit OF the successful inventor n il when
speculation has been reduced to practice. wben ey
pertinent fl- resulted in discovery and when tLat
discovery ha' Deen perfected by patient ana contin
ued experiments. when some new comnonnd nrt
manufacture, or machine has been I'M. nrcdpceJ
which Is useful to the bile, that the par; maxim, il
becomes apublic benefactor and entitled to On, ent
sand yet when genius and patti M ner q iaranc, .
have ut length succeeded. in spite of sn.,.r. a,d
scOf5 some yaluabls invention or Cisco-erv b,,v
seldom Is il followed by reward Envv roh. h;m
OF the honor, wbile speculators swindIe,s 8, and p
rates rob him of the profits Every un.ncc1ssri,,l CO.
experlmenler who did or did or did nat Come =, w
near making discovery now claims H. ivory m, :,
who can invent all Improvement or ynry its E,rn,
claims right to pirate the original discovery We
neeu NOT summons Morse, or Blanchard or Wood.
worth TO prove that this is the usual history of eve
ry great discovery or invention.
zine present case aCds another chapter to this
long and uniform history."-2 Wallace, c. &. Re.
ports y. w.