CUTTER, J.
The petitioners own land abutting on Brentwood Avenue in Newton. Brentwood Avenue was a private way until February 7, 1955, when the city took by eminent domain an easement for a public street forty feet wide. The avenue had appeared as a private way forty feet wide on a 1923 plan recorded with the registry of deeds but, prior to 1955, it had a dirt surface and, as a private way, was in fact constructed and used only to a width of twenty-four feet.
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