The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-02-15
TORP EDOES.
THE RGBEETs
PETROLEUM ToRrEDO CO.
Office at the
RED PLANING MILL
Cor or of Pine and Second streets,
Near the isaiiroadJ
TITUSVILLE PA.
OPINION or JUDGE GRIER

OPINION oV JUDGE GRIER
As write with difficulty l can only state the con
illusions to which my mind has come after careful.
examination OF this case.
The com plainant has exhibited a patent dated
25th of April, lsG5 This is prma iacic evidence or
good title and puts ON the respondents the bur
den of proof, thai the patent is void Or worthless
need not repeat my remarks in the case Of Good.
year W. Day 2wall, e. G. Rep; 1g9,) but now
adopt them as aiiorcing rule o decision Which sp.
pics clearly TO the pI esent case.
As the Infringement of the patent is admitted,
the only question will be rs the validity Oh com
plaiiianjs patent Of April 2j,ls5S.
II WAS after speculation had been reduced to
practice. and ait,r repeated experiments. that tn
complainant succeeded III over CONT the PREF udce
and ignol ance oil the people on The subject, aul
Versuauing the public tha bis Invention was usrfu
aft + he had established Its great utility and yaluo
and when his genius and p'tient perseverance,, in
eplte sneers ,nu SCOTS, were completely NC
&C sful, that Reed, whU had before mnde ,xI Ell
ments Gil he same subject, and was unsucc Is III,
and alter burchasing one or more comp ainaut tor
peloes, he appli' on the lsi of NoyciLbef, lst1,
tor paei !Ur substantially the zane conb na.
uns of devices and machine con aimed in conpla n,
ants patent; On he 18th Oi the suine mOnih lie
respondents forintd then.e Ives into company %
cor Grafton called She heed Torpedo CCn.lary,
r the purpose Of rating the con pit !nnit IN
yenton and supporting TIE expctsce OF itigaiion''
served, even after the prcl.may injunction very
properly granted by u, isllict jude:
Let degree be entered for conf ainaf for per
petual injunctuii; and s,Masier, tpp bnte 10 take
al account ac,oldipgy to the payer Of tic. bill
II. Z. GiuEk, JucSs.
NorE.-Thc passage referred TO BY Judge Grier in
his former decis'Un Wallace, p. 293. adopted as
app icabe TO this case was as follows:
''It Is usually the case when any valuable dscUv-
cry IL uade OF any new Eiao lime OF great utility Is
invented, that the attention OF the public has betL
turned TO that subject previously, and that ma!y
persons have been making researches and expr!'
ments. PHILOSOPHERS anu nlechanCians may lave
NJ some IN asura anticipated in their tpecuatiohs
ale possibility or probability Of such discovery or
nyentou; many experiments have beeL succesihI
ly tiled, coming very near. yet ia lin" short VI the
desired result They have produced nothing OGue'
ticai The invention Nhel perfected may uuy g
slii to be the eliminating point oil man, eAfd'
men :, not on y bythc iIvel tor. but by many OIL
ors lie may hav, proited indirectly by ite uhshe
ce-s!ul experiments and failures Of uiher., DEL u
gives them no lightto ca m share oLtle hrlnf u
tie profit of tie successful inventor il is wren
speculation has been reduced TO practice. wren e.
pertinent ha- resulted in discovery and when tlA'
discovery has been perfected 10y patient ana e0AHl
ued experiments when some new coinpouhu, ui'
rinnuiactule, or machine has been 'hus prQlueri.
which is useu to the public that the party NthmE"
becomes apublic btneilctOr and cntlteut"a i"eu'
sand yet when genius and patig ut pGse'eianv1
have at length succeeded, In spite OF -n' eis 'Hu
scoils, some valuable invention or oisco'ery, HgN %
seldom Is 1t followed by reward Envy fons hlA
of the honor, ~hie Spectators, swinde's' ala p,
rates rob him Of the profits. Every unsucecsa~,
experimenier who did or did or did lot come ,''!
near making a discovery now claims II. ENCI! uH'
who can invent an Improvement or vary lis ".L, W
claims u right to pirate the original discover, ""
need not summons Morse, or Blanchard, or Moou
worth to prove tnat this Is the Usual history oi wv
ry great discovery or invention AT,
"The pres. Mt case aods another chapter 70 ,nl'
long and inform history y" "aliare'i u ~
ports p. ~"