The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1872-03-30
BEBTs p ETRoL EUM TORPEDO co

TORP -EIDOES.
THE ROBERTS
PETROLEUM TuapEID GO.
Office at the
RED PLANNING MILL
cor er OF Pine and second Streets, !
Near the Ratiroad)
TITUsVILLE, PA.
Owing to tire 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 Il. 9. Grier sus-
tanning the Roberts patcnt they have LOWER
the price CT their Torpedoes
TWENTY PER CENT.
no that every Operator can afford u try Torpedo
before Abandoning Well.
The following IL the decision rendered by Judge
Grier on the twenty-second (22l day of September.
1855 in the United States Circuit Court at Philadel
phia The case was argued three days by Charles
d. Keller of New York, B. +. Lucas and $. a. Pur-
Vance of Pittsburgh, for defendants, and George
Harding of Philadelphia, and George Ii. Chrisy, O.
lftssburgh, for plantih.
OPINION OF JUDGE GRIER
AZ write with difficulty can only state the con
illusions to which my mind has come after o careful
examination of this case /
The complainant has exhibited a patent dated
fsth Of April. lo55. This is pr,ma face evidence
O good title, and puts On the respondents the bur
den of proof thai the patent is void or worthless
! Deed not repeat my remarks in the case of Good
year vs.. Day t2 Wall, c. c. ReW 229,) but now
adopt them as aiordng rule OF decision which ap
plies clearly to the present case.
As the infringement of the patent is admitted,
the only Question will he s the validity
claimants patent of April 25, 1858.
Il was after speculation hadbeen 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
persualing the public thai his Invention was ustfu
sftr he had established its great utility ana value
aud when his genius and patient perseverance,, in
spite sneers ana scoiis,' We're completely sue
cessful, that Reed, who had before mtde expert
mcnts on the same subject, and un-ucc .esful,
and afler purchasing one or more cUmplanaut's tor
peioes, he applied on the lst of November, 1867
for patent for substantially the same cornbina.
IONS of devices and machine con aimed in complain
ants patent; On ihe 18th the same month the
Respondents formed thense Ives into company or
eJr Grafton called 90 The Reed Tor edo Company,
t.r the purpose Of piating the complainant in
vention, and supporting the expeusee OF litigation,
sad thus defraud him OF the fruits They have per
served even after the prelmary injunction very
properly granted by ii. 4,istIict Judge:
Let degree be enter''d for conf lamar for per-
petus injunctioD: and MISTER, appointe to take
an account accoidingiy to the payer of the bill.
v T. X. c. GluEk, Judge.
ForE.-Thc passage referred TO by Judge GrerIn
MS former decis' on, y Wallace, p. 299 adopted as
app ic,ble to this case follows:
''!t Is usually the case, when any valuable discov
cry Is Wado, or amy new machine Of great utility is
Invented that ttea,tention of the p,,blc has 6eer
turned to that subject previously, and that many
persons have been making researches and expert
ments. Philosophers aud mechanicans may have
In some measure Anticipated in their specuatioI-
she possibility or probability of such discovery OF
invention; miny experiments have beei. successful
ly tiled. coming very yet falling short ui the
desired result. They have produced nothing bene-
fcfil. the invention when perfected may truly he
said to be the eliminating point of many exper. :
nlsn y, not only by the inventor but by many 9th
crs de may have profitei indirectly BY the IInsuc
eessiu experiments and failures of Others but il
gives them no right to ca IL share of the hrnOr OF
tGe profit OF the successful inventor Il l. when
speculation has been reduced to practice, when ex.
pertinent i.a> resulted in discovery aud when thai
discovery has been perfected by patient ana contn
ned experiments, when some new compound, art
manufacture, or mac.Jnc has been thus urOducej
which is useful to the public, that the party making
becomes apub!ic beneflctor and entitled to patent
sand yet when GENTS and patient perseverance
nave at length succeeded, in spite of sneers and
fvoIj, some valuable invention or discovery, how
seldom is IL followed by reward Envy robs him
OF the honor, while specuators swindles, and pi,
rates rob him of the profits. Every unsuccessul
sxperimenter who did or did or did not come very
ncar making discovery now claims 1t. Every ons
who can invent an Improvement or vary its form
Claims right to pirate the original discovery, VIZ
need not summons Morse, or Blanchard, Or Wood
worth to prove that hs is the usual history of eve
ry great discovery or invention.
"The present case adds another chapter to thi.
long and uniform history."-2 Wallace, Z. q Re
ports p. ~