Marcotte v. Olin Mathieson Chemical Corporation

Marcotte, a foreman lather, brought an action against Olin Mathieson Chemical Corporation for personal injuries sustained by him when a “Ramset” gun discharged a stud into his left ankle. This gun, which was alleged to have been manufactured by a wholly owned subsidiary of Olin Mathieson, accidentally discharged when Marcotte either dropped it, or knocked it over, with the butt end of the gun striking the floor.

The theory of Marcotte’s claim was twofold: (1) that Olin Mathieson was negligent in its manufacture of the Ramset gun, and in this regard there was a passing reference in the…