The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-07-25
THE
TORPEDO PATENT SUITS.
Roberts VS.. Nicholas Geyer.

The following ia the decision rendered by Judge
McKennan, at May Term of the Circuit Court III the
above case
in the Circuit Court Of the United States In ard for
the Western District of Pennsylvaaia.E. A l..
Roberts vs. Nicholas Geyer.--No. Inlay Term
1s18-In Equity M
November 81, 1874. Dill filed and subpoena "a
sued.
Subpoena aad notice Of application for prelimia
ary injunction served.
December -, 1879. Motion for prelim.nar in.
junction heard and the Court being duly advised in
the premises; the injunction awarded as prayed for
and decree iileu.
January II, 1873. Injunction issued, and on the
a9th day of January indictment served personally
and by copy.
May - 1873. Rule issued for deiendent to show
cause why attachment should not Issue for contempt
in violating injunction and duly served
June 3D. 1873 Rule for attachment in this case
came 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 Geyer, be Imprisoned in the common Jail of
Allegheny Coanty for and during The term Of ten
day-, and that he pay the costs Of this proceed.
ins5 t &c..
June I'd, 1873. Commitent issued.
| The Injunction Ia this case was for infringement.
of the Roberts patent of No-1called the Big Pat-
en, for increasing the productiveness of oil wells
| The act of infringement for which the defcnden:
| was committed for contempt, consisted in aicirg
Alexandra llar:ar in exploding torpedoes in OF
wells being the act Of infringement for which
| Hamar WIS also committed IN :he case No. g. No
vembcr Term, 1866, before stated
The Court McKennan j., alSer delivering his
opinion in the Lamar case, proceeded to sentence
Nictoas Gcyer for contempt, and delivered the fci
owing oral opinion:
|. In the of Nicholas Geyer charged with tie
same oiicnse, entirely satisfied that there wa,
fud present, in the Beais well at least. As Ihars
in5in,ated to The counsel IN TIC course IF He arau-
ment, Tie presence Of fluid in the arsl, 'chether dc.
sired or not is an infringement ofM paten., anda
tre ach Of the injunction Of the Court.
Mr. Roberts, by his patent uses "a ono of the prin
| cipal elements Of his invention fluid tamping, and
wherever there is fiaid sufficient in a WELL at tho
time of the explosion of a torpedo, to operate rs
tamping whether II gets there naturally or is put
there arsificay, his patent Il infringed. This was
clearly the case in regard TO the Baals we'll.
But MIR. Geyer seems to have been misled by
| llalnar, who told 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 is adjudged guilty of contempt and order.
ed 70 pay the costs OF this preceding and undergo
an imprisonment In the county jail for ten days =
hope this will he the last of these cases; because,
If the mater to our notice agian we will he
constrained to impose such punishment as will tend
to make the decree of the Court etiectual.
June I7-lm.