Blanchard v. Monical MacHinery Co.

On November 29, 1974, plaintiff, a 19-year-old employee of Stow Davis hired less than two weeks earlier, was injured in an industrial mishap when he accidentally tripped an unguarded foot treadle causing an air-operated clamp to close on his thumb.

The clamp, which had been manufactured prior to 1965, was allegedly sold to Stow Davis on an "as is” basis by defendant Monical in 1974. Defendant American Store Equipment Corporation had obtained the clamp in 1965 from a Massachusetts company and sold or consigned it to defendant Monical in 1971.

Plaintiff brought suit for damages against defendant…