Thayer-Foss Co. v. City of Woburn

This is an action of contract to recover taxes paid by the plaintiff under protest for the use of a sewer. The agreed facts so far as material are as follows: Previous to the year 1875 the plaintiff’s grantors’ predecessors in title, Skinner, True and Blake, who were tanners, discharged sewerage into the headwaters of Mystic Pond. At that time the city of Boston was using Mystic Pond as a source of water supply. On July 31, 1877, the city of Boston purported to make a taking of a strip of land owned by Skinner, True and Blake, containing two thousand seven hundred fifty-two square feet, for…