The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-04-11
ROBERTS PETROLEUM TORPEDO co
-
IORP HIDOES.
THE ROBERTS
PETROLEUM T0RpEDO co.
Office at tkas
RED PLANINC MILL
Cor or of Pine and Second streets,
Near the rsaiiroad,)
TITUSVILLE, PA.

owing TO the large and increasing demand for the
Roberts Torpedoes, and the late decision of the
Commissioner OF Patents in refusing to VIM. Reed
patent. and the decision OF Judge r. L. Gi1er sus
mining the Roberts patent they have LOWERED
she price OF their Torpcdoes
TWENTY PER CENT.
20 that every Operator con aiord u try a Torpedo
before abandoning Well.
The following is the decision rendered by JUDGE
Grier on the twenty-second l22) day OF September,
1869, in the United States Circuit Court Phladel
phis. The case argued three days by Charles
81. Keller of New York, u. +. Lucas and s A. Pur.
viance of Pittsburgh, for defendants, and George
Harding of Philadelphia, ana George Ii. Chrisiy, o.
Hitrsbursh, for plaintiff.
OPINION OF JUDGE GRIER
As write with difficulty can only state the con
clusons TO which my mind has come after carefu
examination of this case.
The complainant has exhibited a patent dated
coth Of April 1865 This is prima facie evidence OF
good title, and puts on the respondents the bur
den OF proof that the patent is void worthless.
neei NOT repeat my remarks IN the case Of Good,
adopt them as afIordD; rule OF decision which ap.
plies Clearly 10 the present case.
As the infringement of the patent is admitted,
the only question will be as to the validity of com
plainants patent of April -, 1858.
II was after speculation had been reduced to
practice" and after repeated experiments. that tn
complainant succeeded in over coming the prejudice
mud ignorance OF tle people on the subject, and
persuaaing thepuolic thar his invention was rsefu
Nibsl great utlllty ana Nalue
ana when his genius and patient perseverance,, in
spite o. sneers anu scoifs,v were completely sue
ce=siul, that Reed who had before made expert
ments oil the same subject, and was unsuc ceesful
and after burchasing one or more complanaut's tor
peuoes, he applied on the 1st of November, 1867,
for patent for substantially the same combna.
Ions of devices and niachine contained in complain
ants patent; On he 18th Of the same month the
respondents formed thense Ives into company or
COR grafton called ''lhs keed Torpedo Company
1jr the purpose of prating the complainant in
NeutlOQ, ana supporting the lii
and thus defraud him OF the fruits. They nave per-
served, even after the prel!mary injunction very
properly granted by tie Iistrict judge
Let degree be entercd for comE lainart for per.
petual inJun ction; and Master, appo;n,e to take
N account accordingly 10 the payer Of theibill.
49, Il. c. GRIER, Judgs.
,NorE-The passage referred to by Judge Grier in
Als former decis'on, Wallace, p. 800 adopted as
spplcabis to this case was as follows:
III Is usually the case, when any valuable discoy.
cry Is Wide, or any new machine of great utility is
Invented, that theattention of the public has been
turned TO that subject previously, and that many
persons nave ben making researches and experi.
nsnts. philosophers ana Tleclianicians NAV laye
IN some messure anticipated in their sDeculations
sle possibility or probability OF such discovery or
Invention; many experiments lave been successful.
~ tle, coming very near. yet falling short of the
Gasired result. They have produced nothing beng.
nciai: inc lnVeinion when perfected may truly he
said to be the eliminating point of many experi-
men 9, not ony by tie inventor. nut by many och.
ors. Se may my. prGted indirectly by the iinsuc.
80" .'P :i's anu LhHIes OF othera, DIlt IL
ses 'ne'l no Flilt 10 ca IN share OF the henor OF
the prodt OF the successful inventor II is when
speculaion has been reduced to practice when ey.
pertinent has resulted in discovery and when that
uisGoYepy has beeh perfected by patient anu contin
ned experiments, when some new compound art
mnnuiactina, or Llachne has bean thus produced
mnicn Is nseln,o the bic that the party inangit
'And yet when genius and patient perseverance,
nave at length succeeded, in spite of sneers and
sooh', some valuable invention or disco"ery how
seldom is IL followed by rt.ward Envv rohs b;,,
OF the honor whiie speculatoia, swndlers and pi-
fGtss rob him OF the profits. Every unsuccessful
e4perimenier who did Or did or did hot come very
near making discovery now claims IT, Every one
who can invent an Improvement or vary its form.
claims right to pirate the original discovery we
need not summons Morse, or Blanchard, or Wood
ry great discovery or invention.
"Ihe present case aGls another chapter to this
long ano uniform history."-2 Wallace, Z. Z ke
ports p. ~