Webster v. Blue Ship Tea Room, Inc.
198 N.E.2d 309 (1964)
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Rule of Law:
The implied warranty of merchantability for food is not breached by the presence of a substance natural to the food being served, the presence of which a consumer should reasonably expect.
Facts:
- On April 25, 1959, the plaintiff, Webster, entered the Blue Ship Tea Room restaurant in Boston.
- Webster, a native of New England, ordered a cup of fish chowder.
- The chowder was milky in color and contained chunks of haddock and potatoes.
- After eating three or four spoonfuls, Webster felt something lodge in her throat, causing her to choke.
- Webster underwent two esophagoscopies at Massachusetts General Hospital.
- During the second procedure, a fish bone was found in and removed from her throat, which had caused her injury.
Procedural Posture:
- Webster sued the Blue Ship Tea Room in an action to recover damages for personal injuries.
- An auditor in a preliminary proceeding found for the plaintiff, Webster.
- The case was retried in the Massachusetts Superior Court (a trial court) before a judge and jury.
- The jury returned a verdict in favor of the plaintiff, Webster.
- The defendant, Blue Ship Tea Room, appealed to the Supreme Judicial Court of Massachusetts, the state's highest court.
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Issue:
Does the presence of a fish bone in a bowl of fish chowder constitute a breach of the implied warranty of merchantability under the Uniform Commercial Code?
Opinions:
Majority - Beardon, J.
No, the presence of a fish bone in fish chowder does not constitute a breach of the implied warranty of merchantability. The court reasoned that what a consumer should reasonably expect to find in food is a key factor in determining a breach of warranty. Fish chowder, by its very nature and long-standing culinary tradition in New England, is made from fish, which naturally contains bones. A consumer eating New England fish chowder should anticipate the occasional presence of a fish bone and is expected to exercise some measure of caution. The court distinguished between a substance that is foreign to the food, like a stone in beans, and one that is natural to it, like a fish bone in fish chowder, finding that only the former constitutes a breach. The court reviewed historical recipes and cultural understandings of the dish to conclude that bones are an inherent part of the 'gustatory adventure' of eating traditional chowder.
Analysis:
This case is a landmark decision establishing the 'reasonable expectation' test for breaches of the implied warranty of merchantability in food cases, particularly in Massachusetts. It moves away from a strict 'foreign-natural' distinction, which would hold that any natural substance cannot cause liability. Instead, it focuses on what a consumer would reasonably anticipate finding in the dish, considering its nature and tradition. This precedent makes it more difficult for plaintiffs to recover for injuries caused by natural components of food, forcing courts to engage in a more nuanced, fact-specific inquiry into culinary traditions and consumer expectations.
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