The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-09
OPINION OF JUDGE aRIER 4.

s. OflNlON Ot JUDGE GRlER'
As write with difficulty can only state the con
cusions to which my mind has come after q careful
The complainant has exhibited patent dated
18th Of April, 1866 This Is prima face evidence OF
good title, and puts On the respondents the bur
need not repeat my remarks in the case of Good.
year vs. Day Il Wall, C. c. Rep 229,) but now
adopt them as affording rule Of decision which ap.
plies clearly to the present case.
AZ the Infringement of the patent Is admit ted
the only question will be as to the validity of com
plainants patent Of April 25, 1858.
~ was AFTER speculation had been reduced to
practice, and after repeated experiments. that tn
complainant succeeded in over coming the prejudice
and Ignorance Of the people on the subject, and
nersuading the public that his invention was usefu
after he had established its great utility and value
and when bis genius and patient perseverance, in
rpite OF sneers and scoffs,' were completely sue
oessful, that Reed, who had before made expert.
ments on the same subject, and was unsuc ceesful
and after purchasing one or more complainant tor
pedoes, he applied on the 1st of November, 1867
for patent for substantially the same combina-
tons OF devic. and mnehine contained in complain.
ants patent; On the 18th of the same month the
respondents formed thense Ives into q company or
corporation called /" The Reed Torpedo Company,
for the purpose Of piratng the complainaits in
vention and supporting the expensee of litigation,
aad thus defrapd him of the fruits They have per.
served, even amer the prelimary Injunction very
properly granted by tie Aistricr Judge:
Let degree be entered for conn lainant for Der.
petuAl injun ctiOD; and Master, appOinte to take
al account acrol dingly to The payer Of theibill.
r. c. Gk1ER, Judge.
,Nors.-The passage referred to by Judge Grser in
nis former ~ Wallace, p 900. adopted as
applicable to tlie case was as follows:
1T Ia usual the case, when any valuable discov.
cry Is made, or any new machine Of great utility Is
invented that the attention of the public hes been
turned TO that subject previously, and that many
persons have been making researches and experi.
ment'r PHILOSOPHERS and nlechanicians may. have
eofn5 M anticipated In their specuiations
sne possibility or probability Of such discovery or
Invention; many experiments have been successful.
~ uled, coming very near yet falling short of the
desired result They have produced nothing bene.
nGiai. tne lnVentlon when perfected may truly he
ssd " De the eliminating point of many expert.
mon ., NOT only by the inventor but by many 9th.
ors. lie iiay have pr0ited Indirectly by the nsuc.
cessful experiments and failures Of Others but II
gives them no right to ca share orthe henor of
tne prontof the successful inventor It is when
spetuiaion has been reduced to practice when ex.
pertinent has resulted In discovery and when that
dscovery has been perfected by patient ana contin.
ued experiments, when some new compound art
manufacture, or macnine has been thus produced
which is useful to the public that the party naking
ossomes apu1nc oeneiactor and entitledt6 patent
Ano yet when genius and patient perseverance
lave ut length succeeded in spite Of sneers and
scous, some valuable invention or dieeD-erv how
seldom Is IL followed by reward Envy robs him
oI the honor, ~hiie speculators swinders, and nj.
rates rob him of the profits. Every unsncces.fnj
oxEerimentsr who did or did or did not come yery
near making a discovery now claims 1t. Every ons
VINO cali invent an Improvement or varv its k,rm
Claims right to pirate the original discovery. We
need not summons Morse, or Blanchard, or Wood
mon 70 prove that this Is the usual history of eve
ry Great discovery or invention.
"The present case adds another chapter IN tbi.
ports p. ~" A'