74 P. 924 | Or. | 1904
after stating the facts in the foregoing terms, delivered the opinion of the court.
By the decree of the court below, however, the defendant is confined in its use of the street to that portion now occupied by its “ main track, depot building, roadbed, water tank, switches, and side tracks.” This, in effect, determines its rights under the ordinances of the city—a quéstion not presented by the pleadings nor discussed in the briefs. There never having been, so far as the record discloses, any dispute between the city and the defendant on this point, it would be manifestly unwise to attempt to