The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-06-27
THE
THE
TORPEDO PATENT SUITS.
Roberts vs.. Nicholas Geyer

The following is the decision rendered,by Judge
McKennan, at May Term of the Circuit Court In the
above case:
IN the Circuit Court of the United States in ard for
the Western District of Pennsylvana.-E. A. Il I.
Roberts vs.. Nicholas Geyer.-No. INLAY Term
1s13-In Equity.
November q. 1872. Bill filed and subpoena is
sued.
Subpoena ard notice Of app lication for. prelimin
ary injunction served.
December 13, 1872 Motion flor preliminary In.
junction heard aid the Court being duly advised in
the premises; the injunction awarded as prayed for,
and decree lleu
January II, 1873. Injunction issued, and on the
Goth day Of January indictment served personally
and by copy.
May q, 1873 Rule issued for deiendent to show
cause why attachment should not issue for contempt
in violating injunction and duly served
June I'd, 1873 Rule for attachment in this case
came on to be heard and afte, argument of counsel
pro and con, the Court being full advised in the
premises, the Rule is made absolute, and the SEN
tsnce Of the Cont Is that the said defenda., Mich.
olas Geyer, be imprisoned in the common Jail OF
Allegheny County for and duriug the term of ten
days, and that he pay the costs of this proceed
ing.
June I'd, 1873. Commitent issued
The injunction in this case was for infringement
of the Roberts patent of No.-(called the Big Pet.
en, for increasing the prOductivGness of oil wells
The act of Infringement for which the defcndeut
was committed for contempt, consisted in al cling
Alexandra Har;ar in exploding torpedces in OF
wells being the same act Of infringement for which
Hamar was also committed in :he case No. g. No
vember Term, 1866, as before stated.
The Court McKennan, j., after delivering his
opinion In the Hamar case, proceeded to, sentence
Nicholas Geyer for contempt, and delivered the fol
lowing oral opinion
In the case of Nicholas Geyer charged with The
same orense, am entirely satisfied that there wa.
fnid present, in the BeaIs well at least As Thar,
;ntimoted to the counsel in the course of the arou
msnt, the presence Of fluid in the ,ucll, ,chcther de
sired not is an infringement of The patent, and
breach Of the injunction ofths Court
Mr. Roberts, by bis patent uses as one of tho nr,r
cipal elements Of his invention fluid tampinp. Nm,
wherever there is fluid sufficient in a well, at tn
time Of tine explosion of d torpedo, to operate a
tamping. whether 1t gets there naturally or is MI
there artifcialy, his patent is infringed This wa
clearly the case in regard to the Bcals well.
| y But MIR Geyer seems to have been msled h
Hamar, who tod him that ne merely wanted
make an experiment; and do not think, this b.
Ing the first time, that he ought u be very severe
punished
He also Is adJudged guilty OF contempt and orde
ed to pay the costs of this proceeding and unders
an imprisc "ment In the county jail for ten days
hope this will be the lat of these cases; becaus
If the mat or comes to oui notice agian, we will
constrained TO impose such punishment as will ter
to make the decree of the Court etfectual
Jnne I7-lm.