Caserta v. Town & Country House & Home Service, Inc.

The facts in this case are virtually undisputed. The landlord makes claim against the tenant of an upper floor for damage to walls and ceilings caused by an overflow of water. The lease contained a covenant that the tenant would perform all ‘‘ interior repairs.” The material facts bearing upon the cause of the overflow were as follows:

The tenant had started his automatic dishwashing machine and gone to bed. The machine had an automatic shutoff. However, the water remained under pressure as the faucets on the sink to which it was attached were left open. There was a rubber hose connected to a…