MATTHIAS, J.
The facts are not in dispute. By ordinance No. 431-1941, passed November 5, 1941, the city of Cincinnati established a grade for Seymour avenue, from a place 500 feet, more or less, west of Langdon Farm road to Paddock road, that being the part of Seymour avenue which passes the real estate owned by the defendants. At that time, Seymour avenue was 60 feet in width, with a 40-foot highway bounded on each side by a sidewalk 10 feet wide.
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