Webster v. Blue Ship Tea Room, Inc.

Webster (plaintiff), a New England native, was injured by a fish bone lodged in her throat while eating fish chowder at Blue Ship Tea Room (defendant); she sued for breach of the implied warranty of merchantability under the UCC, and a jury returned a verdict in her favor, which Blue Ship appealed.

Whether the presence of a foreign substance in food necessarily establishes a breach of the implied warranty of merchantability, even where the substance's presence is reasonably foreseeable given the food's nature.