Woodford v. Wichita Railroad & Light Co.

Errors are assigned on the giving and refusal of instructions, but the testimony is not preserved, its purport is not given, and there is not even a statement that there was testimony tending to support the plaintiff’s allegations in his petition. In such a case it cannot be said that an instruction, although abstractly correct, was applicable to the facts, nor that the giving of an incorrect one was prejudicial error. (Auld and Taylor v. Kimberlin, 7 Kan. 601; Town of Leroy v. McConnell, 8 Kan. 273; Comm’rs of Allen Co. v. Boyd, 31 Kan. 765, 3 Pac. 523; Stetler v. King, 43 Kan. 316, 23 Pac.…