Barker v. Boston Market Terminal Co.

The parties in this action seek a determination of their respective obligations to repair a certain storm sewer (culvert) running under defendant’s property on Market Street in Everett and Chelsea (locus). In addition, both parties seek money damages for alleged breaches by the other of contractual, common law or statutory duties relating to the culvert.

The action commenced with plaintiffs’ complaint, filed in this court on April 9, 1996. The complaint asserted six counts: (i) declaratory relief, declaring defendant’s obligation to repair and maintain the culvert; (ii) quantum meruit, for…