The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-08-02
THE
TORPEDO ri PATENT sul11
Roberts VS.. Nicholas Ceyc,

The following is the decision rcndcrcdhy Ipa-
McKcnhan, at May Term of the Circuit Conn N =.
above case: -
in the Cliyuit Court ofthe United States, IN ara
the Western Districtof Pcnnsy sylvanIa.-R. A
Roberts w. Nicholas Geycr. MAY Tcm
1s73-InEquity'
November 81, 1879. fri filed and subpa,. !,
sucd. g Hsr.
Subpoena nnd notice Of app lica,ion for prelmn
| ary injunction served. w
December -, 1872. Motion for prclim;nor 4,
junction heard, aud the Court being duly advised in
the premises; the injunction awarded as PRAYED ia,
| and decree flea. H-r t IT,
January II, 1873. Injunction issued and on mo
s0lh day of January indictment served pcrsona,v
and by copy. .-fs'
May p, 1873 Rne issued for deendent to Sow
cause why attachment should not issue for cop,e,nn,
N violating injunction and duly served
June I'd, 1873 Rule for attachment in thi. oa.o
came on to be heard and after argument of eoupspl
pro and con, the Court being full advised in tbo
premises, the Rule is made absolute, aud the sen
tenco OF the Cont is, that the said defcndan, Mich.
olas Geyer, be impiiosened in the common Sail of
Allegheny County for and during the term of ten
days, and that he pay the costs of this proceed
ing.J a tE
June I'd. 1873. Commitent issued.
The Injunction in this case was for iniringemen,
OF the Roberts patent of No --tcaed the Big Pat,
cnf), Tor increasing the productiveness of oil wells
The act of infringement for which the deicnlept
was committed for contempt, consisted in al cinr
Alexandra liar::ar in exploding torpedoes in o
wells being the same act of infringement for which
Hamar was also committedin :he case No. 3, No
vember Term, 1866, as before stated
The Court McKennan, j., alter deIiyerlpc bis
opinion in the Hamar case, proceeded to sentence
Nicholas Gcyer for contempt, and delivered the fcl
owing oral opinion :. a
LIN the case OF Nicholas Geyer charged with ,b
same oilense am entirely satisfied that there wa.
fluid present in the Beals well at least As Thar,
intimdted to tie counsel IN the course of The qrgu.
ment, tie presence ofFnid in the wcl1, ayhetasr de.
SIRED or not, IS an infringement ofHe patent, anda
orea ach Of tie Injunction cfthe Court.
Mr. Roberts, by bis patent uses as one of the prn
cipal elements of HIS invention fluid tampinr and
wherever there is fluid sufficient in a well, At tbo
time OF the explosion of torpedo, to operate n,
tamping. whether it gets there naturally or ia mn,
there artliically, his patent ia nfringed This Was
clearly inc case in regard to the Bcals well.
but Mr. Gtyer seems to have been misled Nv
ilainar, 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 yery seye,cIv
punished. wy '''''''1
He also is adJudged guilty of contempt and order.
Gu 70 pay the costs OF this proceeding and undergo
M Imprisonment in the county Jail for ten days
nope this will be the last of these cases; because.
II me matte comes to our notice agian we will bo
constrained to impose such punishment az will tend
10 make the decree of the Court eiiectual.
june IT-1m.