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PHILLIPS v. WEST SPRINGFIELD

405 Mass. 411 (1989)

540 N.E.2d 1331

MICHAEL J. PHILLIPS vs. TOWN OF WEST SPRINGFIELD.

Supreme Judicial Court of Massachusetts, Hampden.

July 17, 1989.

Attorney(s) appearing for the Case

Terrence A. Low for the plaintiff.

James T. Donahue, Town Counsel, for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

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...

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