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Webster v. Blue Ship Tea Room, Inc.
Citation:
347 Mass. 421, 198 N.E.2d 309 (1964)Facts
On April 25, 1959, Priscilla Webster, a native New Englander, visited the Blue Ship Tea Room, a quaint restaurant on the third floor of an old building on T Wharf overlooking the ocean in Boston. She was accompanied by her sister and aunt. After being informed there was no clam chowder available, Webster ordered a cup of fish chowder. The chowder contained haddock, potatoes, milk, water, and seasoning, and was milky in color with the haddock and potatoes in chunks. Webster ate approximately three or four spoonfuls of the hot chowder, stirring it in an up and under motion to achieve even distribution of ingredients. She observed equal parts of liquid, potato, and fish as she ate and noticed nothing unusual. After the third or fourth spoonful, she became aware that something had lodged in her throat that she could not swallow or clear by gulping. This led to two esophagoscopies at Massachusetts General Hospital, during the second of which on April 27, 1959, a fish bone was discovered and removed, resulting in substantial injury to the plaintiff.
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