Webster v. Blue Ship Tea Room, Inc.

347 Mass. 421, 198 N.E.2d 309 (1964)

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Nature of the Case

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Facts

Webster (P), who had been born and brought up in New England ordered a cup of fish chowder. The haddock and potatoes were in chunks.' She ate about 3 or 4 spoonfuls then stopped. P was aware that something had lodged in her throat because she couldn't swallow and couldn't clear her throat by gulping and she could feel it.' This misadventure led to two esophagoscopies at the Massachusetts General Hospital, in the second of which, a fish bone was found and removed. The sequence of events produced injury to the plaintiff which was not insubstantial. P sued to recover damages for personal injuries sustained by reason of a breach of implied warranty of food served by D in its restaurant. P has vigorously reminded the court of the high standards imposed by this court where the sale of food is involved. D asserts that P was a native New Englander eating fish chowder in a 'quaint' Boston dining place where she had been before. We must decide whether a fish bone lurking in a fish chowder, about the ingredients of which there is no other complaint, constitutes a breach of implied warranty under applicable provisions of the Uniform Commercial Code.