The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-01-26
suHBRTs' PknaSLEuM roRpEnC.

tuhBRTS PkRR@LECM TORPETp.
RRP tLl)OES.
T.akA isssIsEs Ts
PETRaLEJM TaRrEDa CO.
&Afice al the
Kap PLANNING MILL.
Corner OF zine aud Second streets,
wear the KatirOadD
TITUsVILLE, Pa. :
Owing 20 the large aud increasing demand for the
Roberts Torped,'es, and the late decision OF the
patent AID the dsrisi IN of Jui,c q. = uuer sus
niuiny the koberts' pitent they have LUWkKkD
the price of their Torpedots
..TwENri,. PER CENT.
20 that every Operator can afford 10 Try q Torpedo
before abandoning Well.
The following Ia the decision rendered by Judge
Grier on the twenty-second (22) day OF September
1879, III the United states Circuit Court ut Phlade
phi.: The case WAS argued three days by Charles
81. Keller Of New York, b. D. Lucas and 5. A. Pur.
viauce Of Pittsburgh, for defendants, and George
Harding OF Philadelphia, and Gsorge H. thirsty, VI
Pittsburgh, for plSnuh.
OPINION OF JUDGE GRIER.
A. write with difficulty Can only state the con
cn-ions 10 which my mind has coue af,ur careful
examination OF this Case.
Yhr com Ilainani has exhibited q patent dated
25th of April loi5. THIS is prna tacit evidene o,
good title, aud puts on the respondents tue bur
den Of pront that the patent Is void or worthles
need not repeat NJ eniarKs in The case Of Good.
year ~; Day q Wall, c. Z. Rep; .s9) bit now
adopt them ailordins rule o, decision .ich Ar.
pics clearly to the pr esrnt case.
As the infringement Of the patent Is admit ted,
the ony question will DO to the validit, of com
plainsns patent of April 81, lsjS
'lt was after speculat on Ind been refluced IN
practice" and after repeated experiments Thar tins
complainant succeeded in overcoming -ne treiu,irp
and ignor'tnce OF the people On tile subject, and
Persuading the public that his invent iu was nse M
aer he had established It's great ulil's, and y,u.
AID "when his gen u and patient . rseve.lpce in
spite OF sncer. and scofs," were completely s1c.
ces.fu that Reed, who had peft re u,n,n evr,,i
ments on the same subject, and was unsuccessful
imagined that he had the best riyht tntheinyeninn
a. after purchasing one OF mor ) CON painan,'. ,or
pedoes he applied on the ist OF November, 1851,
for patent for substantially tho same comlina
tiuns of devices aLd achinG COZ tanned in conn, air
ants pateut. On the 15th of u Z same month the
respondents formed thense'ves into "a company or
corporation called The Rf ed Torpedo Cunp,ny y
Tor tue purpose of pirtinc the cumplaiunu,,s In
vention, and supporting tie exp1is. OF ltiratiuu.
And thus defrauu him Of I'll. fruits. They have pc:
severed even aitr the pre- iminary iuiun,.tinn I.ry
properly grtntei by tue district Judge
Let o. cree he cnterel for complainant for A ner
petual injunction and y Master app, iuted 10 tnke
an account according to the .pr,yer Of the bill
H. Z. GRlEk, Judge.
NorE.-The passage referred to by judge t;r;er in
his former decIs'on, Wallace, p. 300 adopted ~
app ic,bie to this case was US follows:
"It Is usually the Case when any volnablc d.cov.
cry is wade, or any new machine Of yr at nj iy /.
invented, trat tnea'teitOn of the public In, Le,n
turo,d to that subject prev Olsly, uud that may
persOns have be-n making researches and elu,ri
ments IN iosopntr, anu mech lDicians NAV iay,
ID some n'ashrt anticipated in their 80 .culations
the p0ssi6it, or probability of snph discovery ol
| inventior; many experiments have beer successful
| " ulei coing very near vet ia ling short ot tn,
desired rasu!t. They have produced nothing bene
| hc!ai The invenlon whe perfected may truly b,
said to be the eliminating point OF maily exDeri
men :, not only by the inventor. hut by MANY 9th
ors lie mag hay, lroited indirectly Inv the iln.uc
ce-sful experiments and failures of ulher.. but i
gives them no risiit To share OF the he nor q
TIE profit Of the successful inventor ii il whe,
speculation has been reduced to practice when es
pertinent la resulted in discover, and when ri A
discovery lm- been perfected by paiieni ana con,in
tied experiment.. when sJne new cnmDuund n.
| manufacture. or machinc has been ihu produce,
which is nsciulto theplbc,tha the party making
beeomes apublic b. eneactnr and entitled tn IA aIeIt
"And yet when genius aud patti ut per-eTerlnc
nave nj length sncc. .eded, In sli Of sn, ers an'
SCOTS. me W iuable invention or Csco"e efy, hov
seldom Is IL followed by reward Envy rob. hin
OF the lnnOr, whie speculatOrs, swindle g. and nj
rates rob him of the profits. Every unsucces s1
experimnicr who did or did or die not come v,r
near masking a discovery NOV claims IL. Every on
who can invent AL Improvement or vary its iuru
claims righ; ~ ira'e The original discovery "
nred not summons ro'se, or blanchard or WOOD
worth To nrove trat t- Is the usual history Of
| ry Er-aL discovery or invention.
1.-The present case aods another chapter to th
long and uniform history."-.2 Wallace, c. T.. Il,
ports p. 2s2.