Phillips v. Town of West Springfield

Twenty-five years ago Justice Reardon wrote for this court a much cited opinion holding that a restaurant was not liable for breach of warranty under G.L. c. 106, § 2-314 (2) (c), for injuries caused by a fish bone in fish chowder. Webster v. Blue Ship Tea Room, Inc., 347 Mass. 421 (1964). In this appeal, which we transferred here on our own motion, we decide a somewhat similar case. This one involves not a fish bone in fish chowder served in a quaint restaurant on a wharf overlooking Boston Harbor, but rather a turkey bone in a bite-sized cube of white turkey meat ladled, along with gravy…