The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1873-07-22
THE
TORPEDO PATENT SUITS.
Roberts vs.. Nicholas Geyer.

The following is the decision rendered.by Judge
McKennan, at May Term of the Circuit Court IN the
above case:
in the Circuit Court OF tho United States in ard for
the Western District of nnsylvania.-E. A l.,
Roberts vs. Nicholas Geyer.-No. Inlay Term
1S73.-In Equity
November q. 1879. Bill lled'and subpoena is
sued. ~
Subpoena and notice of application for prellmin
ary injunction served
December 49, 1874 Motion for preliminar in.
junction heard and the Court being duly advised in
the premises; the injunction awarded as prayed for,
and decree fileu.
January II, 1873. Injunction issued and on the
29th day of January indictment served personally
and by copy. -.
May ~, 1873 Rule issued for deiendent to show
cause why attachment should NOT Issue for contempt
IN violating Injunction and duly served
june I'd, lS,3- Rule for attachment in this case
came on to be heard and after argument Of counsel
pro snd con, the Court being full advised In the
premises, the Rule Is made absolute, and the sen.
tence of the Cont s that the said defendau, Mich
oas Geyer, be imprisoned in the common jail Of
Allegheny County for and dririug The term Of ten
days, and that he pay the costs of this proceed.
iug1 hf,r. G..
June I'd, 1878. Commiteat issued.
The injunction in this case was for Infringement
of the Roberts patent of No.--(called the Eg Pat.
en), for increasing the productveness of oil wells
The act of Infringement for which the defendeut
| was committed for contempt, consisted in al cling
Alexandra llar:ar in exploding torpedoes IN Of
wells being the same act Of infringement for which
| Hamar was also committed in he case No. j. No
vember Term, 1866, as before stated. .'
The Court McKcnnan, j., alter delivering his
opinion in the Iamar case, proceeded to sentence
Nicholas Geyer for contempt and delivered the fci
| owing oral opinion:
lin the case of Nicholas Geyer charged with the,
same ofense, am entirely satisfied that there was
fluid present. in the Beats well at least. As Ihare
intimated to the counsel in tbs course Of the argu-
ment, the presence Of fluid in the ,cell phether de-
sired not is an infringement of the pateat, and
Ore dca Of the injunction Of Me Court.
MIR Roberts, by his patent uses ~ one Of the prin
cipal elements Of his invention fluid tamping, and
wherever there is flaid sufficient in well, at the
time of the explosion of torpedo, to operate as
tamping whether Il gets there naturally or is pu,
there artfcially his patent Is infringed This was
clearly the case in regard to the Bcals well.
| But MIR. Geyer seems to have been misled nv
| Hamar. 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 very severely
punished
lie also s adJudged guilty Of contempt and order.
ed 10 pay the costs OF this proceeding and undergo
an imprisonment In the county Jail for ten daya-
hope this will be the last OF these cases. because
il the matter comes to our notice agian we will be
constrained to impose such punishment as will tend
to make the decree of the Court effec'ual. -
Jnne I7-lm.