The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-01-22
TORPEDOES
THE ROBERTS
PETROLEUM TORPEDO Co.
Office at the
kED PLANING MILL
Cor er OF Pine and Second s,...,
Near the Ka,IroadJ
TITusVILLE, PA,
OPINION. .OF:JUDGE,GRlER ov

AZ I write with difficulty can only state III. N.
clisions to which my mind has come after .,",y p
examination Of this case. '''''''
The complainant has exhibited a pa,er, d,,,!
Iotn oi april 1900 This Is prma facie eyidspc, q,
good title, aud puts on the respondents Ibe IO,
den Of proof that the patent is void or worihI,.
need not repeat my remarks In the ca,s fGo,i
year vs.; Day u Wall, &. G. ReE 229,) bu, Ssw
adopt them As aiiording rule OF decision Which s.
pics clearly to the present case.
As the infringement OF the patent 1, .dmh,.,
the only question will be as to the validity Of ro,,
plainsnis patent Of April 25, 1855 "1
~ was utter speculation had been reduced IN
practice" and afi,r repeated experiments ih,,is.
complainant -ncceeded IN over coming the preudse
and ignorance of the people on the subl,t and
persuauing the public that his invention was r,,fn
aft'r he lad established Its great utility and vain.
, and when his genius and patient perseverance, i,
spite rnsers anu scots, were compe,slytu, o.,
Cc-siul that Reed, who had before mad. srns,.
ments OH ,he came subject and was un.us cesy.
and after purchasing one or more complalnutS,I ID,
pcdors, he appli' ON the lst of November M,
Tor patei't for substantially the raIne coubIls.
ons Vi detic,s and machine conlan.d 10 complain
ants patent; On the 18th Of tue sa,ne monb The
respondents formed themse Ives into compan, o,
cor. oratiOn called "l he kecd TORPEDO Company
fvr the purpose Of plIating the cumpainal, /. a'
vcnton, and supporting the expensee OF litigation.
and thu, defraud him Of the fruits. They have vi.
served. even infer the prcl.mary injunction ,e,r
properly glantcd by tie i.i.iricf Judge:
Lat degree be cntend for comI lainsrt for per-
petiial njun ction; and Master, appoute 10 tak.
X. c. URlEk, Jucs,
.NorE-rhe passage referred TO by Judge Grcr in
his former decision, 3 Wallace, p. 80 sdop,ed u.
app icabie 10 this case was as follows
"lt Is usually the case, when any valuable d,eUy.
cry is made, or any new machine Of great utility /.
invented. that the attention Of the public hiss t.i
turned to that subject previously, md that mny
persons have boyn making researches and exDsfr
n,ents. Philosophers ana mechanciAns may have
~ some MEASURE anticipated in their speculaiiots
the possibility Or probability Of such discovery or
,'NcDtiOb many experiments have bceL successful.
y tiled, coming very iear. yet falling short u The
desired result. They have produced nothing ben :.
hclai. The invention Who'll perfected may iruy's
said to be the eliminating point Oi manv exfG :
men =, not only by the inventor. hut by many os
Ors. lie may have proiited indirectly by the nnslr
cs-sfnl experiments and failures OF Others, INT !!
gives them no right to clam n share OF the hsno' o
tie profit of the SuCccrsinl inventor II is wlts
speculation Inns been reduced 10 practice, wien tS'
pertinent has resulted In discovery. and when tla
discovery has becA perfected 10y patient and fonhh
ue'l experiments, when some new COMPOUND ~
manufacture, or machine has been thus prCuuetd
which 10 useful to thcpnblic that the party nakta
besUIncs apublic bcnciactUr and eititledt" pa'eh
"And yet whcn genius and patti ut perseverance
have al length succeeded, IN spite of snters Aha
scOff., some valuable invention or disco cry now
seldom is IL followed by reward Envy rol' lll'
OF the honor, whine speculators, swindleis aid y,
rates rob him of the profits. Every unsncee,'ri
sxperineitrr vhoaid or did or did Lot cone WI!
near making discovery now claims il. Eva! W.
who Gun invent MI improvement or vary 10 i@1. r
ciaims right Ia pirate the O,iginnl discovery, We
need not summons Morse, or Blanchard, or Wo'
worth to prove that this l. the usual his'oF! Of te
ry great discovery or invention. .,,,
"1'he present case ADDS another chapter 10 'l'
long ana uniform history - Wallace. T. I ~
ports p. 80