Vance v. De Long

BISHOP, J. pro tem.*

The plaintiff appealed from the judgment, awarding him nothing, that followed as a matter of course a jury’s verdict of “for the dependant . . . and against the plaintipf . . . .” On his appeal he makes but one contention that the trial court prejudiced his case before the jury by the giving of a certain instruction. The plaintiff has failed, however, to make any of the evidence a part of the record on appeal, so we are in no position to judge, first, if it was error to give the instruction and, then, if it was error, whether it was prejudicial, warranting a reversal. As a…