The opinion of the court was delivered by

The evidence in this case satisfies us that the point at which the proposed street crosses the railroad tracks is, properly speaking, a freight yard. There are side tracks, cars are unloaded and trains made up at this point, and it is used as a storing yard. All the tracks have been there and the present use has been continued for twenty-three years. That the city of Paterson has no authority to lay out a street across the freight yard of a railroad company has been decided by this court. New York, Susquehanna and Western Railroad Co. v. Paterson, 32 Vroom 408.

The ordinance should be set aside, with costs.