4 Cases that are Quintessentially Boston

Boston has that special something.

Whether it's a certain cockiness in our sports franchises (Congratulations Red Sox!), the comradely the entire city seems to share, the history that walks hand and hand with the modern, or simply that the Prudential also confirms your iPhone's weather app, there is just something about this town.  Bellow are five interesting cases that all share the undefinable aspect of Boston.

 

1) Priscilla D. Webster v. Blue Ship Tea Room, Inc., 347 Mass. 421 (1964).

It's a case about  chowder.  What is more Boston, MA then clam chowder?  Sure, you may have some upstarts trying to claim that Manahttan chowder is new vogue, but don't trust them.  And really, is chowder from any other state as good?  Union Oyster house has been shelling pure delicious since 1636 -- you really can't beat that record. But I digress-- this case is about fish chowder.

You see, plaintiff wished to order clam chowder, but Blue Ship Tea Room was all out.  And so, in Webster v. Blue Ship Tea Room, we have a legal argument that surrounds how big chunks of fish can be in chowder.  Personally, I say the bigger the better -- and this judge tends to agree!  While plaintiff was eating her fish chowder, she couldn't swallow because something lodged in her throat (spoiler alert-it was a fish bone.)

The end of this case simply dictates, with regard to fish bones at least, Chowah at your own risk. A chef is not obligated to chop fish bits so finely that a bone cannot possibly enter the chowder.  But I'll take big chunks of fish in my chowder any day, even if it means being on the lookout for fish bones.

2) Anderson v. Dunkin' Donus, INC., 60 Mass.App.Ct. 1126 (Unpublished)

To be fair, Boston is not the only place that runs on Dunkin'.  I know I need my afternoon coffee around 2:00, otherwise things start getting hazy.  But for this case, things get hazy for the plaintiff during a bar fight, at which point the plaintiff moved to include the local Dunkin' Donuts in the complaint.  However, the judge nixed that idea, pointing towards the lack of proof that the plaintiff was able to provide demonstrating that Dunkin' Donuts even controlled the property.

And a bar fight is always more interesting then a franchise dispute.  (Boulanger v. Dunkin' Donuts, Inc., Dunkin' Donuts of America, Inc. v. Minerva, Inc.)

3) Commonwealth v. Hodgkins, 170 Mass. 197 (1898)

Boston has always been serious about its lobster, evidenced by this 1898 case.  In fact, there is a penalty for selling, offering for sale, or having in possession of lobsters that have been stolen.  In a valent effort to avoid conviction, Mr. Hodgkins argued that the larceny of a live lobster is different then the possession of a dead one.

4) Frate v. Jordan's Furniture, Inc., 74 Mass. App.Ct. 1126

And finally, where would we be without a Red Sox Case. Here we have, what I'm sure many of you remember, the Jordan's Furniture Promise.  If you buy any piece of furniture during the sales promotion, they would be free if the Red Sox won the 2007 World Series.  I knew several people who gambled on the Red Sox that year, and it certainly worked out for them!  Gone is the curse, as the Red Sox have sealed the deal for an additional two world Series since the historical 2004 World Series Game.

Here, to continue celebrating the Red Sox, Frate accepted not only a check for the total reimbursement of his purchase, but sued for treble the amount under the theory that it was a "lottery" as a matter of law. However, there is too much of a good thing and Frate was unsuccessful, as nothing in the statute suggests that the promotion, where customers paid for furniture, "paid for their chances" as requires to become a lottery.   Better luck next time.

There are undoubtedly many more cases that capture that special Boston "it" factor.  Feel free to suggest some in the comments below, share your own Boston story, or just generally cheer on your favorite local team.