The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-10-06
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Roberts VS.. Nicholas Cey

Ean VI d, 50 ---.% VI 81
The following Is the decision rtndered N,
McKennon, at May Term Of she Circhit CosA,
sb0vs case: Ns,lSst LIZ N
In the Circuit Court ofthe United States, in !,
the Western District Of Pennsylvania
Roberts vs., Eicholas Geyer. No. Inlay
1s73-In Equity ~, I'd. l.%a,ss /
November aiyass9, Dill filed and ,uspe.I
sued, ssi ~
Subpoena and so'ice of application for p,,I
ary injunction st4ved. fssfa "
December 10, fss2, Motion for. prelimin,,
junction heard, sfld the Court being duly adv,
the premises; the iniunction awarded as PRAYED
and decree illcu. 81.
January Il, 1873. Injunction issued, and On /
9th day of January indictmcnt served persona
and by copy. " l-lt gAi
May -, 1878. Tule issued for deierdens to II
cause why attachment should not issue for cod,A
in violating Injunction and duly served q;
! June I'd, 1878. Rulc Tor attachment in til, h
came on to be heard, and after argument of {.
pro and con, the Court being full advised n
premises, the Rule is mace absolute and tie \
tence Of the Cont is, that the said defendGn, Nv
oias Geyer, be imprisoned in the common lsll
! Allegheny County for ard durius the term c,t
| days, and that he pay the. costs of this la
ing. D. .. IL .,..
June I'd, 1873. Commitent issued, :
The injunction In this case was for infrirrr3
of the Roberts patent of No,--lca,d d the Biz ?
en,), for incro asing the productyeness Of oil W,
| The act of Infringement for which the defend
was committed for contempt, consisted in aid
Alexandra Har:sr in exploding torpedoe. in
wells being the same act of infringement for wh
Hamar was also committed in .he case No. Q,
| vember Term, 1866, as before stated
The Court McKennan, j., a ter delivering
| opinion in the HamM case, proceeded to sena
| NicIoa Gcyer for contempt, and delivered the
| owing oral opinion: .U..
| |, In the case Of Nicholas Geyer charged with
same offense, I am ertirely satl-f that there
fl aid present. in the Bea!s well at least As "A
intimatsd to The counsel in the course of he az
mcn., the presence Of Guid in the well whsthr
sired or not, is an infringement Of The patss., al
bre ach Of the injunction Of the Court.
Mr. Roberts, by his patent uses as one Of the
| cpal elements Of his inpntion luid ampnr
wherever there is fluid sufficient in a well, at
| time of tne explosion ofa torpedo. to operate
tamping. whether it gets there naturally or is.
there artifcally, his patent IL infinged, This
clearly the case inregNrd to the Bcas well
But Mr. Gtyer seems 80 have been .nisled
| llamar who told him that he merely wanted
make an experiment; and do not think, this
ing the first time that he ought to be very seva
punished A1, -,
He also is adJndged guilty of contempt and o.
ed to pay the costs of this proceeding and uri
an Imprisonment in the county jail lor len da!
| hope thu will he the last OF tn, sc cases; beCl
II The malier comes to our notice agan wewi
constrained to impose such punishment As will
to make the decree Of the Court etfcctml.
| ... ...... ....I ... ,lunn l--ll