The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-11

TWENTY PER CENT.
10 that every Operator can afford ~ try . Torpedo
before abandoning Well.
rhe following is the decision rendered by Judge
Grier on the twenty tysecOnd (22) day of September,
phia. The case was argued three days by Charles
H. Keller of New York, b. y. Lucas and $. A. Pur
vance OF Pittsburgh, for defendants, and George
Harding of Philadelphia, and George H. Christy, o.
Pittsburgh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty I can only state the con
clusions to which my mind has come after careful
The comp lainant has exhibited patent dated
26th Of April, 1855. Ths Is rima face evidence OF
q good title, and puts 90 the respondents the bur
I need not repeat my remarks in the case Of Good.
year vs. Day II Wall, Z. G. Rep. 229) but now
adopt them as aiording rule OF decision which ap.
plies clearly to the present case.
A the infringement of the patent is tied,
the only question will be as to the validity OF com
plainants patent of April Is, 1858:
II 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, ana
after he had established its great utility and valne
and "when his genius and patient perseverance, in
Epite o, sneers and scotfs' were completely sue
ce.sful, that Reed, who had before made expert
ments on the same subject, and was unsuc ceesful,
and after purchasing one or more complainant tor
for patent for substantially thu same combina.
tons Of devices and machine contained in complain.
ants patent; On the 18th Of the came month the
Respondents formed themse Ives into company or
cor, oration called ''The Reed Torpedo Company,
for the purpose of pratiug the complainant in
vension and supporting the sxpsnse&e & Of 1T gasion
served, even amer the prelimary injunction very
properly granted by tie district Judge:
be entered Gs nnans 70, per-
an ACCOUNT ASe0'0'nS' r. S E! tsf SkIEk, Judge
bis former dscl.'on, Wallace, P. 10, sSopted IS
applicable to this case was as follows
at Is usually the case, when any valuable discov
cry is made, any new machine of great utility Is
Invented, that thesttention of the public has been
turned to that subject previously, and that many
persons have been making researches and expert
IN some measure ANTICIPATED in their speculations
the possibility probability Of such discovery or
invention; many experiments have been successful
y tiied, coming very nsar- yet falling short OF the
desired result. They havc produced nothing bene-
hcial The invention wien perfected may truly he
said to be the culminat;ag point of many expert
mems, not only by the inventor. but By many oth'
0rs. He may havs proftad Indirectly by the unsuc-
oessful experiments ard failures of others, but it
gives them right tO.ca M Il share of,the honor Of
the profit OF the successful inventor 1t is when
speculation has been reduced to practice when ex.
pertinent has resulted IN discovery and when that
discovery has been perfected by patient ana contin
ued experiments, when some new compound, art
manufacture, or machine has been thus produced
s,S n,sls to the the party making
"And yet when genius md patient perseverance,
have at length succeeded, in, spite Of sneers and
seldom Is IL followed by reward. Envy robs him
Of the honor, while spectators, swinders, and pi
rates rob him of the profits. Every unsuccessful
sxperimentsr who did or did or did not come very
near making discovery now claims 1t. Every one
who can inyent an improvements or vary its form,
claims right to pirate the original discovery We
need not summons Morse, or Blanchard, or Wood
worth prove that this Is the usual history of eve
ry great discovery or invention.
"The present case ADDS another chapter to this
long and uniform histeTy."-2 Wallace, Y. y Re
ports D. ~