The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-08-04
THE
THE
TORPEDO PATENT SUITS
Roberts VS.. Nicholas Ceyer.

The following is the decision rtnderedby Judge
McKcnnan, at May.Tcrm ofthe Circuit Court In the
above case
in the Circuit Court of the United States, in ard for
the Western District of Pennsylvania.-E A L.
Roberts VS.. Nicholas Geyer.-No. Inlay Term
1873 Equity
November ai, 1872. Bill filed and subpoena is
sued.
Subpoena aad notice of app lica,ion for prelimin
AIRY injunction served.
December 13, 1872. Motion for preimnar in.
junction heard and the Court being duly advised in
the premises; the injunction awarded as prayed for,
and decree FLED.
January II, 1873 Injunction issued, and on the
2gth day of January indictment served personally
and by copy.
May p, 1873. Rule issued for deiendent to show
cause why attachment should moi issue for contempt
in violating Injunction and duly served
June ID 1873 Rule for attachment in this case
came on to be heard and after argument of counsel
pro and con, the Court being full advised in the
premises, the Rule is made absolute, and the sen
tence of the Cont is, that the said defendan, Mich
oas Gcycr, be imprisoned in the common Jail Of
Allegecny County for and during the term of ten
days. and that he pay the costs Of this proceed
ing.J
June I'd, 1873. Commitent lssucd.
The injunction in this case was for Infringement
Of the Roberts patent of No--(caled the Big Pat.
en, for increasing the produciveness of oil wells.
The act of Infringement for which the defcndeut
was committed for contempt, consisted in al cling
Alexandra llar:ar in exploding torpedoes in oi
wells being the same act of infringement for which
Hamar was also committed in :he case No. 3, No
vember Term, 1866, as before stated
| The Court McKcnnan, j., alter delivering his
opinion in the IIamar case, proceeded to sentence
Nicioas Geycr for contempt and delivered the fCl
owing oral opinion:
| |, n the case of Nicholas Goyer charged with tn
same otense, am ertilcly satisfied that there was
fl mid present. in the Beais well at least. as Ihdrc
intimaed to the counsel IN the course Of The orgu-
mcnt, tie presence offaid in the agell, chether de.
sired or not, is an infringement of patent, and
dre ach Of the injunction fMe Court.
Mr. Roberts, by his patent uses rs one. of the prin
cipal elements of his invonA6n fluid tamping, and
| wherever there is nnid sufficient in WE'LL at the
time Of the explosion ofa torpedo, to operate as
amping. whether it gets there naturally or is put
there artifcaly, his patent is infringed. This was
clearly the case in regard to the Bcals well.
| But MIR Geyer seems to have been misled by
1lamar, who tod him that he merely wanted to
make an experiment; and do not think, this be-
ing the first time, that he ought TO be very severely
punished.
He also i adludged guilty of contempt and order.
ed to pay the costs of this proceeding and undergo
| an Imprisonment in the county jail for ten days
hope this will be the last of tho sc cases; becusc
| II the matter comes to our notice agan we will be
| constrained to impose such punishment as will tend
to make the decree of the Court eiiec'ual.
| d. Jnne Film