Priscilla D. Webster v. Blue Ship Tea Room

The mere presence of a fish bone in fish chowder containing chunks of fish and potato eaten by a New Englander at a restaurant
after stirring the chowder did not constitute a breach of the implied warranty of merchantability of the chowder by the proprietor
of the restaurant under § 2-314 of the Uniform Commercial Code, G. L. c. 106, and did not render the proprietor
liable on that ground to the customer for injuries received when the fish bone lodged in her throat. This is a case which by its nature evokes earnest study not only of the law but also of the culinary traditions of the Commonwealth
which bear so heavily upon its outcome. It is an action to recover damages for personal injuries sustained by reason of a
breach of implied warranty of food served by the defendant in its restaurant. An auditor, whose findings of fact were not
to be final, found for the plaintiff. On a retrial in the Superior Court before a Judge and jury, in which the plaintiff testified,
the jury returned a verdict for her. The defendant is here on exceptions to the refusal of the Judge (1) to strike certain
portions of the auditor's report, (2) to direct a verdict for the defendant, and (3) to allow the defendant's motion for the
entry of a verdict in its favor under leave reserved.