WEBSTER V. BLUE SHIP TEA ROOM, INC.
347 Mass. 421, 198 N.E.2d 309 (1964)
NATURE OF THE CASE: Blue (D) appealed a judgment for Webster (P) in P's action to recover
damages for personal injuries from a breach of implied warranty in D's restaurant.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment