The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-07-11
THE
TORPEDO PATENT SUITS.
Roberts VS.. Nicholas Geyer.

The following is the decision rcndered.by Judge
Mckennan, at May Term ofthe Circuit Court IN the
above case:
in the Circuit Court OF the United States in ard for
the Western District OF Pennsy sylvana.-E. A. l..
Roberts VS.. Nicholas Gcyer.-No. 1.--May Term
lS73-In Equity
November 2l. 1879. Bill filed and subpoena is
sued
Subpoena aad notice of app licaion for. prcllmin
sry injunction served
December 13, 1872. Motion for preliminary ir.
junction hcard and the Court being duly advised in
the premises; the injunction awarded as prayed for
and decree flleu
January IA, 1873. Injunction issued, and on the
Goth day of January indictment served personally
and by copy.
May %, lS73. Rule issued for deiendent to show
causewhy attachment should not Issue for contempt
IN violating Injunction and duly served
June I'd, 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 sem
tence of the Cont is. that the said defendan Mich
olas Geyer, be Imprisoned in the common Jail OF
Allegheny County for and duriug the term OF ten
days, and that he pay the costs of this proceed.
ing.
June I'd, 1873 Commtent issued.
The injunction in this case was for infringement
OF the Roberts patent of No.-(called the Big Pat
ent) for increasing the productiteness of oil wells
The act Of Infringement for which the defcndeut
was committed for contempt, consisted in al ding
Alexandra Har;ar in exploding torpedoes in OF
wells being the same act of infringement for which
Hamar was also committed in :he case No 8, No
vember Term, 1866, as before stated.
The Court McKennan, j., after delivering his
opinion in the lIamar case, proceeded to sentence
Nicholas Geyer for contempt and delivered the fcl
owing oral opinion:
LIN tho case of Nicholas Geyer charged with the
same oense, I am entirely satisfied that there was
fnid present, in the Beais well at least As Zhare
intimated TO the counsel in Tie course Of the argu-
nent the presence Of fluid in tic ioeII, whether de.
sired or not is an infringement of the patent, and
breach Of the injunction cfMe Court
Mr. Roberts, by his patent uses as one of the prin
cipal elements of his invention fluid tamping, and
wherever there is fluid sufficient in well, at the
time of tine explosion of a torpedo, to operate as
tamping, whether 1t gets there naturally or Is put
there artioially, his patent is nfringed This was
clearly the case in regard TO the Bcals well.
But Mr. Geyer seems to have been misled by
Hamar, who told him that he merely wanted to
make IN 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 10 pay the costs OF this preceding and undergo
an Imprisonment in the county jail for ten days -
n3pc this will be the st of these cases; because
II me matter comes to our notice agian, we will be
constrained to impose such punishment as will tend
70 make the decree Of the Court effectual.
Jnne I7-lm.