Per Curiam.
This is an appeal on questions of law and fact from a judgment enjoining the defendants from enforcing or attempting to enforce an assessment for constructing a sidewalk on that part of Collins Avenue under the plaintiffs' tracks. The case was submitted to this court on the statement of facts agreed to in the trial court.
It appears that in 1868 and 1869 Collins Avenue was extended southwardly from its terminus over the plaintiffs' tracks...
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