The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-06
OPINION OF JUDGE GRIER

OPINION OF JUDGE GRIER
A: write with difficulty can only state the con
illusions to which my mind has come after careful.
examination of this case.
line. complainant has exhibited q patent dated
zbth Of April, 1855. This is prnia hce evidence OF
. good tii,e, and puts on the respondents the bur
dell OF proof thai the patent is void worthless
need not repeat my remarks i'll the case of Good
year W: Day u Wall, G. G. kep; 2x9.) but now
adopt them as aording rule oi decision which ap.
pies Clearly to the present case.
As the Infringement of the patent Is admit ted,
the only question will be to the validity Of CON
DAnan's patent OF April 2j lssS.
Il was after speculation had been reduced to
Practice" and afitr repeated experiments. that tn
so,apiainant succeeded in over coming the prejudice
and ignorance of the people on the subject and
D:rsuading the public that his invention was usrfu
A!trr he mad established its greit utility and value
MD when his genius and patient perseverance,, in
spite o. sneerj aud scoiS,' were completely sue
se,sinl, that Reed, who had before msde expert
ments on the same sub ject and was u,suc ceesful,
and after purchasing one or more complinauts tor
peioes, he applied on the LIST of November, 1867,
Tor patent for substantially the same combna.
sons oi devic,s and niachine con aimed in complain
ants patent; On The 18th Of the same month the
respondents formed thenss Ives into company or
cor, grafton called ''The Reed Torneio Company,
iJr the purpose OF prating the com )lainailt in
venton, ana supporting the expeisee 0i litigation.
sHd thus defraud him OF the fruits They have per-
served even after the preliinary, injunction very
propciiy giauted by tic 4.istrici Judge:
Let degrees be enter.d for comI lamar for per.
petual injunction; and Master, appone to take
an account Accordingly to The payer Of ,he.biIl.
Il. Z. GElES, Judge.
NorE-The passage referred to bv Judge Grier in
h!s former decision. Wallace, p. 800 adopted as
epp icabfe to this case WIS as follows:
IT Is usually the case, when any valuable discov.
Gy is made, or any new machine of great utility is
evented, that the attention of the public has beer
rnroed to that subject previously, and that msny
pefsous have been making researches and cxperi.
inents. PHILOSOPHERS and mechancians NAV have
iUsome mcssure anticipated in their sp-culntious
ale possibility or probability Of such discovery or
invention; many experiments have been successful.
uled, coming Very near. yet falling short OF the
nclal The invention when perfected NAV Irnly ne
Said TO be the eliminating point OF many experi.
Ilen q, not only blythe inventor. but by MANY 9th.
0rs lie nay have proilted indirectly by the fnsuc.
c.'sfuf experiments and failures of Others but IL
Nes mem no right 10 ella m share otthe honcr OF
tie proht OF the successful inventor 1t il when
spe?ulatlon has been reduced to practice when ex.
pertinent has resulted In discovery and when thai
discovery has been perfected by patient ana con,in.
"ei experiments, when some new cor,pound art
manufacture, or machine has been thus produced
which is useful to thepublic that the party making II
bseonies apublic benetactor and entitledto nntent
"Ahu yet when genius und piteut perseverance,
nave AT length succeeded, in sDiie of surers and
sroiii ssrle valuable invention or disco-ery how
Seldom is i, folowe! by reward Envy robs him
o. "a. hnIer, whiie specuatoss, swindleys and pi-
eapef.mensr who did or did or dia hot come very
near making discovery now claims il, Every ore
VINO can invent all Improvement or yary its form
saims right 30 pirate the original discovery. we
hced NOT Summons Morse, or Blanchard or Wood
"orh 20 prove tst ms Is the usual history of eve
ry great discovery or invention.
"lhe present case adds another chapter To this
long ana uniform MEtory.''-2 Wallace, Z. g Re
ports y. ~