DePaolo v. Spaulding Fibre Co.

Memorandum

This is an appeal from the granting of the defendant’s motions to dismiss actions brought by the plaintiffs, an employee and his wife, for injuries caused by a machine manufactured by the defendant. The defendant’s exceptions were reserved and transferred by Mullavey, J.

On December 21, 1972, the plaintiff employee of the defendant, Spaulding Fibre Company, Inc., suffered an electric shock at the defendant’s production plant while operating an allegedly defective heating fabrication machine. For purposes of this motion this machine is assumed to have been designed and manufactured by…