The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-09-30
THE
''FesEy~Y THE E u
TORPEDO PATENT sur,
Roberts VS.. Nicholas C,pyo,

ri
The following is the decision rendered by Jps,
McKennan, at May Term ofthe Circuit Con-, 'sss = Y
above case: NH'e t usl
In the Circuit Court Of the United States in !.
the Western District Of Pennsylvania. - III
Roberts vs.. Nicholas Geyer.-No. l--Mav n
1s73.-In Equity. III -An
November q, 1874. Dill filed and u,un,. \
sued. rtF .tS
ssbp~na and notice u app licaticn for p,4,,,,
ary injunction surycd. k
December 10, lss? Motion for prel,m,r.,
junction heard and the Courtbeipg 1uly as,,'., NJ
the premises; the Injunction awarded as nrav.S
and decree iiieu. N@es Tf ~
January II, 1873. Injunction issued, and 4, !.
Goth day of January Indictment served nors,r,r
and by copy. /. = .
May %, 1873. Rule issued tor de en- dent to 4
cause why attachment should hot Issue for cou,.r,
in violating INJUNCTION and duly selvcd n
June "a, 1873 Rule for attachment in his ~.
came on to be heard, and oftt r argument of c, p.s
pro and con, tho Court being ifill advised IN n,
premises, the Rulc is made absolute, and ,he .,I
tence Of the Cont IL, that the said deftndan. Nj,
olas Geyer, be impiiosened in the common ia Al
Allegheny County for ard during the term Of f.,
days, and that he pay the costs of this p,Ce
ing. '.'.' .r'4. 90
June I'd, 1878. Commitent issued.
The injunction in this cuse was for in.rirrtnsr
of the Roberts patent Of No.--(cal,d the BIZ Pat
ent), for incr' asing the productyeness Of oil we'll,
The act Of Infringement for which the dvfuan,
was committed for contempt, consisted in Nri,
Alexandra lar:ar in exploding iOrpedoe. in 4,
wells being the same act of infringement for vttJ
Hamar was also committed in .he case No. g. No
vembcr Term, 1866, as before stated
The Court McKenran, j., a Ter deliyerrc Nj,
opinion in the llamar case, proceeded to sepern
Nicfoas Geyer for contempt, and delivered tie nj
owing oral opinion:
\, In the case Of Nicholas Geycr charged with h
same oiiense am eriirely sa,lsil that there W.,
fl id present in the Reais well at least AS Il,.,
intimated tothe counsel in tie course Of lie ora.
ment, tie presence Of Ruid in the well, rietisr d,
sired or not, is an infringement of he patent, undi
ore ach Of the Injunction Of the Court.
Mr. Roberts. by his patent uses as one of the pia
cipal elements Of his Invention fluid tamprg ari
wherever there is fluid sufficient in we'll at III,
time oftne explosion ofa torpedo, to operate Al
tamping, whether it gets there naturally or /. mi
there artif'cialIy, his patent is ini,insed This Vi.
clearly the case in regard to the BoAls well.
But MIR Gty,r seems TO have been Snsled b,
iianar, who to him that he merely wuntei /
make an experiment; and do not think this BE-
ing the fist time that he ought to be very severe
punished
He also Is adIrdgcd guilty Of contempt and ode.
ed 10 pay the costs OF this preceding and uldes
an iihpriso' mt IN the county jail Tor ten days
hope tn will he the Ia t of th sc eases; teciq.a
II me mar er comes to our notice Ngan Wevil h
constrained to impose such runishmcn, as will ten
to make the decree Of the Cou,t oiec'ual.
June I7-lm,