The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-27
RoBERrs PETROLEUM TORPEDO !
TORP EDOES
THE ROBERTS
PETROLEUM TORrEDu en-
Office at the
RED PLANNING MILL
Cor er OF Pine and Second strss,.
NEAR the Railroad)
T1TusV1LLE, Pa.
"a OPINION OF JUDGE cRIEe

As write with difficulty can only state N ~,
cllsons to which my mind has come after A es,,s
examination OF this case. '''T
The complainant has exhibited . patent data
18th Of April, lSt5 This Is prima facr evidence y,
o good title, and puts On the respondents the I'm,
den of proof that the patent is void or worthless.
need not repeat my remarks In the case Of Good
year " Day u Wall, C. C.. Rep; 2ey,) but now
adopt them as affording rule OF decision Which sr
plies clearly to the present case.
As the infringement of the patent Is admitted
the only question will be Us to the validity Of com
plainsn's patent Of April 25, 1853.
practice" and after repeated experiments h., tn
complainant succeeded in over coming the prpjudiI y
and ignorance Of the people on the subject, ami A
persllauing the public thar his invention was usll
after he had established its great utility aud vans
and when his genius and patient perseverance, in
rpite ol sneers anu SCOTS, were completely suc
Cessfrd, that Reed, who had before made experi
ments OH The same subject, and was unsuccesiul
pedoes, he applied on the LIST of November, lSj,,
Tor a patent for substantially the same combls.
ons Of devices and machine con aimed in complain;
ants patent; On the 18th of the same monh tie
respondents formed the;nse Ives into COMPANY "
cor LoEation called "lhs heed Torpedo COMPANY,
f.r the purpose of rating the comprehensive in
venton and supporting the expensee OF litigation.
and thus defraud him Of the fuits, They have per.
SCI wed, even amer the prel.mary Injunction very
properly granted by tie isIrici Judge:
Let degrees he enter"d for CONF lanaI for per.
petnal injun ction; and Master appointe to take
an account according 10 the payer Of the.bi
Il e. GRlEk. Jncgs.
Norx.-The passage referred to by Judge Grier in
his ioriner decision, Wallace, p. 300 adopted as
app icabie to this case was as follows:
sit Is usually the case, when any valuable discoy
cry Is made, or any new machine OF great utility is
invented, that thea'tenion of the public has beer
turned TO that subject previously, and that man
persons have been making researches and eypeIl.
nlents. Philosophers ana mechanicians may lave
III some MEASURE anticipated In their sprculaton'
ihe possibility or probability of such discovery OF
invention; many experiments have beeI Successful
y tled, coming very near. yet falling short Of the
desired result. They have produced nothing beht'
acial. The invention when perfected may truly
said TO be the eliminating point oi many e2ltr-
men :, not only by the inventor but by many o'h'
ors lie may have proiiied indirectly by the lnaut'
cessfrl experiments and failures of Others but i:
gives them no right to ca IN share o the hcnoI o.
tie prohi Of the successful inventor II i, whcr
speculation has been reduced to practice when tS'
pertinent has resulted In discovery and when ta'
discovery has been perfected by patient and eontlI'
ued experiments, when some new compound; al.
manufacture, or machine has besn thur pr0duced
which Is useful to the public, that the party makinsN
becomes apublic beneflctor and entitsuto patent
sand yet when genius and patti, mt perseverance, :
have at length succeeded, In spite Of snters anu
-cofs, some valuable invention or discoery now .
seldom Il IL followed by reward Envy fobs MN
Of the honor, whiIo spscplatOrs, swinde's, ana Y.
rates rob him Of the profits. Every unsncsessiu,
near making discovery now claims 1t. Every one
who can invent an Improvement or vary Its ioI,l
claims right to pirate the original discovery; Ms
need not summons Morse, or blanchard, or wooo
worth to prove that this s the usual history o ''
ry great discovery or invention. Att,
''The present case ands another chapter 10 ilr'
long and uniform history.'-2 Wsllaee,i U. Y As
ports p. ~