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Webster v. Blue Ship Tea Room, Inc.
Supreme Judicial Court of Massachusetts
347 Mass. 421, 198 N.E.2d 309 (1964)
Webster (plaintiff) was injured when a fish bone became lodged in her throat while she ate at a restaurant operated by Blue Ship Tea Room, Inc. (Blue Ship) (defendant). The fish bone originated in a serving of fish chowder served by Blue Ship and consumed by Webster. Webster asserted that the presence of the bone in Blue Ship’s fish chowder constituted a breach of the implied warranty of merchantability under U.C.C. § 2-314. At the trial level, the jury returned a verdict for Webster, and Blue Ship appealed.
Rule of Law
Holding and Reasoning (Reardon, J.)
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