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Webster v. Blue Ship Tea Room, Inc. | 198 N.E.2d 309 (1964)

Under article two, section three-fourteen of the Uniform Commercial Code, or the UCC, a merchant of goods impliedly warrants that goods sold are of reasonable quality and fit for their ordinary purpose. When it comes to harmful substances in foods, courts apply a foreign-natural substance test or a reasonable-expectation test to determine whether a reasonable consumer should’ve expected that the food might contain the harmful substance. In the 1964 case Webster versus Blue Ship Tea Room, the Massachusetts Supreme Judicial Court considered whether a patron at a Boston restaurant should’ve expected to find a fish bone in her cup of fish chowder.

On April 25th, 1959, Priscilla Webster went to lunch at the Blue Ship Tea Room in Boston with her sister and her aunt. After looking at the menu, Webster, who’d been born and raised in New England, ordered a cup of clam chowder and a crabmeat salad. When the server at Blue Ship told her there was no more clam chowder, Webster ordered a cup of fish chowder instead.

When Webster received her bowl of fish chowder, she stirred it with her spoon to get an even distribution of fish and potatoes. She then began to eat the chowder, alternating between it and crackers and rolls that were on the table. After about three or four spoonfuls, Webster stopped eating, realizing that something was stuck in her throat. Webster then went to the hospital, and after her second esophagoscopy, a fish bone was found lodged in her throat and removed.

Subsequently, Webster sued Blue Ship in state superior court for injuries based on breach of the implied warranty of merchantability. At trial, Blue Ship moved for a directed verdict, arguing that a reasonable jury couldn’t find for Webster. The court denied the motion and a jury returned a verdict in favor of Webster. Blue Ship appealed to the Massachusetts Supreme Judicial Court.

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