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Contracts Keyed to Summers
Webster v. Blue Ship Tea Room
Citation:
347 Mass. 421, 198 N.E.2d 309Facts
Webster (plaintiff) went to Blue Ship Team Room (“Blue Ship”) (defendant) one afternoon with her sister and aunt. Webster was a native New Englander who had dined at the Blue Ship previously. That particular afternoon, she ordered clam chowder and after a few spoonfuls of the dish, she could not swallow or clear her throat. Webster was then taken to the Massachusetts General Hospital for two esophagoscopies. During the second esophagoscopy, a fish bone was found lodged in Webster’s throat and was removed. Webster sued Blue Ship to recover damages based on the injury she suffered and alleged that Blue Ship breached an implied warranty.
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UCC Warranties