Butts v. Boudreau

This is an action brought by tenants against their landlord for negligence, breach of the warranty of habitability, and breach of the covenant of quiet enjoyment. On December 14,1984, the waterbed of an upstairs tenant broke causing flooding and water damage in plaintiffs’ first floor apartment. The upstairs tenant, also a party to the action, is not involved in this appeal. The defendant landlord denied liability and the trial judge found for the defendant landlord.

The appellants (plaintiffs), claiming to be aggrieved, filed a draft report which was allowed by the trial judge. The report…