The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-01-06
i.OPINloN. OF:JrDGE GynER


As write with difficulty csn only s,a,e the ~,
clusions TO which my iniha has coms after es,,t
examination Of this case
Tue com claimant has exhibited . patent data
25th Of April, 1850 This is prina facir evideuc, n,
good title, and puts on the respondents the bu,
den u proof that the patent Ia VOID vt worthless.
need not repeat my remarks IN the case Of Good.
year vs. Da! * Wall, Z. Z. Rep; xr,,) but now
adopt them ar HfOrding rule oi decision Mich nm.
pie, clearly 10 the esent csse.
As the infringement Of the paten, 10 admitted,
the only question will be as to the validity vi COM
plainanls patent OF April 25, lsaS
Il WAS nii.r speculate N had been r.duccd IN
practice aud af''r repeated experiments. h. ,aa
eoinp.ninant succeed. III over cVmil; the prelude,
aud igno arcc Vi the people on the suble,i AMI
tersraIlng the puDlic ths, bis Invention was usf1
aft lie lad established II, great utility and yalu,
and when his genius and pHtieut psrsey.ripcr, In
.pite -reers 'nu scoh-, Were completely .ue
&C siul, that Red, WI, had before IA de exoen.
ment- on he same subject and was un.ucc, ,.,ui,
and alter OnTcha.lhg uL0 .r more comp Ainaut's 10,
pe-Ues, he appli on tie lst Of Noveu bsr 1871.
.or pale,t for substantially the ssme comb.a.
uIs s. tevic, and inachue con aimed IN e,,n,pAn
ants patent; On he 18th II tue 4alne moph ,hs
re- pC ndents formed then-e ives INTO COMPANY y.
CO grafton csil,d 'ih- Iced Iorl edo tcmIun,,'
the luftoso " p iating the CO... picipsni h.
vention, and supporting The expsnses OF litigation,
and tnus defraud him ofthe fiub. They have psr.
served, even ater tine p,e.may injuue,i.n y9J
properly grNitud by u, .isITicr Judge:
Let degfee be cnIer'd f1r conf lanal for pr.
petual injun ctiol; and Matter, sppninte 10 tske
MI acCount srt otuinx 10 the payer VI TIT. bill
X. G, 0klEk, JpeS
NorE.-The passage referred 10 bv Judge C2r.es Il
his former drcis'on, Wallace, p. 2Sy, adopted v
app ic',bIe 20 this case was rs follows:
at Is usually the Gaze, when any valuable dsyV.
cry is made, or sny new Hiachine Of grea, utiiiy
invented, that the attention Of the public has ben
turned To ths. subject previously, aud that n,ly
PERSONS have Sssn making researches and eIpsfi.
meuts Ph,loeupn.rs and mechanicans may hsss
IN some M, asIre anticipated IN their spreastiors
ale possibility Or probability Of such discovery Q.
nrentiou; many cxpcr.me nave beeI Auccess!ul.
ly 'Ie'!, coming very near yet fa,iag short VI the
desired result. They have produced nothing benz.
MD 10 ). the ay
men :, not only by the iascntor. but BY many VtS'
ors lie may hav, pt octed indirectly BY the unsrt.
ce-sfnl experiments and failures of Others, but
givs, them no right 20 claim shars oil the hcnG Of
tEc prohi Of the succctsful inventor It !. whea
speculation has been reduced TO practice, whsneI.
..iment ha- sesuited IN discovery aud when that
discovery has been perfected by patient aud e0n'n'
ued experiments, when some iew compound; ~
nanuiacture, or inachine has been ihn' produces
which n useful " she blic that the party making
bepories apublic benefActor and entitled To ps'f'
"And Set when getius s.d pa'h nj pestvsraNe;
have At length succeeded, IN spite OF 'n,sr nv
seldom is IL followed By rsward Envy robs hia
of the honor, hils speculators, swndlels, and n
rates rob him Of the riofts. Every unsuceet'ia.
experimerter who did Or did or did not come va!
near making N discovery now claims It. Every on
who can invent an Improvement or yary Its i0m.
caimsa rightto pirate the original discovery. w
need not SUMMONS ',orsc, or Rlanchhid, or m@S
worth To prove that this is the usual history Of e~
ry great discovery or invsntion. .,.
'.The present case aods a-cther chapter TO 'aH
long and uniform history? Walla:'t T.
ports p. e.