Earle v. Inhabitants of Concord

The allegations of the plaintiff’s substitute declaration are that while a traveller he was injured by reason of a defect in a public way in the defendant town. With respect to that defect it is alleged that the defendant entered into an agreement with the owner of land adjacent to the highway, whereby he gave to the defendant authority to dump garbage, ashes, waste paper and-other refuse upon his land for the purpose of filling the same; that the defendant permitted one Corkum, at his own sole cost and expense, to collect such material from houses and to dump the same on this land; that the…