The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-04-06
AUBERTS PETROLEUM TORYECO
AUBERTS' PETROLEUM TOREECU
TORP -EDOES.
YEfE ROB EIkTS
PETROLEUM TORPEDO co.
Office Nt the
RAD PLANNING MILL,
Corner of Pine and second streets,
wear the KallrOah,)
TLTUSVILLE, PA.

Owing to the large and increasing, demand for the
Hobe,ts' Torysdies, and the ia,a ucc,slon OF ,h'
Comm -sioucr Of Patent, In refusing to WIN. Ia ca
a patent and the dacis N Of Judge u. Z Grer -ns
.taiuing the itoborts' patent they nave LOW .i.n.
the price Of tier TorpcdotS
TWENTY PER CENT.
40 that every Operator can afford ~ try Torpedo
before abandoning u Well
The following il the decision rendered by Judge
Grer on the twenty -sccOnu (22) day OG September,
ls6 in the United States Circuit Court ~ PhiladeI
phia. The case was argued three days by Charles
NJ. Keller of New York, b, \. Lucas and $. A. Pur.
Vance OF Pittsburgh, for defendants, and George
Harding OF Philadelphia and George IL. Ihiis,y, VI
Pittsburgh for plaintiff.
OPINION OF JUDGE GR1ER
As write with difficulty can only state the con
clusons to which my mind has come after careful,
examination Of this case.
The cont ilainant has exhibited n patent dated
25th Of April, 1850 This is prna face evidence oi
good title, and puts ou the respondents the bur.
den of proof that the patent Is void or worthless.
year vs.. Day t2wall, Z. G. Rep; 2sg) but now
adopt them as aIordng rule ol decision which ap.
pics clearly TO the present Case.
As the Infringement of the patent is admit ted,
the oaiy question will he us to the validity vi
plainan's patent OF Apiii -, 1858
''lt w,ss after speculation had been reduced 10
practice" aud aiier repeated experiments that the
complainant succeeded III overcoming he prejudice
and Ignorance OF the people TN the subject, and
pers,adug the rublic tna his invention useful;
after he had established It's great luiiity and value,
and ""hen his Sen'u- ana patient perseverance, in
spite o! sncers ana scOH-, were Completely sic.
cessfnl, that Heed, who Lad bsoie made expert
nent> on the same subject, and was Unsuccessful,
imagined thai lac had the best right tutheMyeniioi,
~ after purchasing one % more Coup planant tor
pedOea he applied ON the LIST of November, 1877,
for patent Tor substantially the same cont ina
tion> Ui devices and hulc contained in complain
auts patent On the 18th OF the same month the
CORPORATE iOL called 'lhe Reed Torpedo CUIllpany,'
for the pu pose OF piratns the cUMpiainanl's in
seitio.., and supporin. the e:speusc o. litigation,
nj thus defraud him of the riilts. They hIvc pei
severed, even after the preliminary Injunction very
properly grantcu by the District Judge
Let d. cree be entered ior complainant for per
petual injunction. and Muster appointed 10 lake
MI account according to the prayer of the bill.
Il. Z. GRIER, Judge.
NorE.-The passage referred to bv Judge Grier in
his former decision, 3 Wallace, p. 299 adopted as
app icabie to this case was as follows:
aft Is usually The casc when any valuable di.cov.
cry s made, or any new inachihe OF great uti y |.
invented, that the ,tCntiun of the public hns he.
turned to that subject previously, ,uiu that ma v
persons have been making researches and expert
meats. Ph luSopuers ana liechnniCsns NAV fav,
some anticipated in their sp c,i,a,on,
possibility or probability of such discovery o,
invention; many experiments lave brei. successful
y l,ed coming very near yet failing short ui the
desired result. They have produced nothing brne.
said to be the eliminating point OF many exveri
men s. rot only blythe inventor. but by many oth.
lie may hav. profited indirectly bv the iinsuc.
ce-sfu experiments and failures of oiher, but il
gives them right To clam share OF the he nor of
ne pfo;iI of the successful inventor 1t is when
speculation hns been reduled to practice, when ex.
pertinent ha- resulted ia discovery and when TINT
discovery has baen perfected 10y pa, lent nnu contip.
lied experiments wilen s,ne new coinpOund. art,
manulactuie, or machine has been ih,i, produced
which is useful 70 the pnhlic that the party n.akinsi
becomes apUblic benciactOr and entitled to patent
sand yet when genius and patient perseveranc,
have at length succeeded, in spite of an.ers and
suofs, some oinable invention or dsco"e cry, how
seldom is it followed by reward Envy robs him
Of the hoaor, whi,e speculstors swindie,s and ri.
rates rob him Of the profits. Every unsuccessiul
eXperim, nier who did or did or did not come very
near making discovery now claims it, Every ons
who cali invent ~. Improvement or vary its t,rm,
claims right to pirate the original discovery We
need not summons Morse, or Blanchard or Woci.
worth to prove that this Is the usual history Of eve
ry great discovery or invention.
"Thc Present case a0ds another chapter to this
long ana uniform hstory."-2 Wailacs, Z. q Ke.
ports p. 292