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


The following is the decision rendered.by judge
Mckcnnan, at May Term ofthe Circuit Court In ,hc
above case:
in the Circuit Court of the United States, in arr for
the Western District Of Pennsylvania. A
Roberts vs. Nicholas Geyer.--No. Inlay Term
1s73.-In Equity
November 2l, 1879. Bill filed and subpoena "a
sued. ~ff , fTH
saopGna ard notice Of application for prelim,n
ary injunction served
December 13, 1872 Motion for prelim;nar in.
Junction heard and the Court being duly advised in
the premises; the injunction awarded as PRAYED for
and decree tileu.
January II, 1873. Injunction issued and on ,he,
2oh day of January indictment served persona,v
and by copy.
May p, 1873 Rule issued for dccndent to show
cause why attachment should not issue for conten,,
in violating injunction and duly served a .,
June "a, 1873. Rule for attachment in this cosc
came on to be heard. and after argument of counsel
pro and con, the Court being full advised in tho
premises, the Rule is made absolute, and the SEN
tenco OF the Cont is, that the said defendan Mich
o'as Geyer, be Imprisoned in tho common Jail of
Allegheny County for and duriug the term of ten
days. and that he pay the costs Of this proceed
ing3
June I'd, 1918. Commitent issued
The injunction in this case was for infrippemon,
Of the Roberts patent Of No .--tcaed the Rio Pat.
ent) for incrs nsing the productivencss of oil wells
Inc act OF Infringement for which the defcndent
was committed FOR contempt. consisted in al cling
Alexandra llar;ar in exploding torpedoes in q;
wells being the same act of infringement for which
Hanar was also committed in he case No 3, No
vembcr Term, 1866 as before stated
The Court McKennan, j., a.tcr delivering his
opinion in the Hamar case proceeded to sentence
Nicioas Geyer for contempt, and delivered the f,l
owing oral opinion:
lin the case of Nicholas Geycr charged with IN
same ofense, am entirely satisfied that there was
fluid present. in the Beals well at least As Thar.
intimated to the counsel in the ceurse of The ayou.
men', the presence ofduid in the cell 1vhether dc.
sired not, is an Infringement of tie patent, orac
ore ach Of the injunction of.he Court
Mr Roberts, by his patent uses as one of the nrin
cipai elements OF his invention fluid tamping and
wherever there is fluid sufficient in well. at the
une OF the explosion Ofa torpedo, to operate as
tamping whether il gers there naturally or is put
there artiflcaly, his patent is iufringed Vnls was
c'Gar,Sine pt M e. case In regard to the Bcals well.
', but MIR Gtyer seems to have been misTed nv
Hamar. who tod him that he merely wanted tg tS
make an experiment; and do not think. this be.
ing the itst time that he ought to be very severely
He also Is adJudged guilty of contempt and order.
ca 70 pay the costs Of this proceeding and undergo
an Imprisonment in the county Jail for ten days@
nope TINS will be the last of these cases; because
II The matter comes to our notice agian we viii be-
constrained to impose such punishment as will tend
to make the decree of the Court eilectual.
h Jnne IT-lm.