On Motion for Rehearing.
YOUNG, Justice.Appellants urge a consideration of their point 10, asserting jury misconduct, in*486advertently omitted from brief on appeal. Bill of exception covering the additional point discloses that three of the panel testified concerning the issue on motion for new trial; Juror Irwin stating: “Yes, I believe I recall some one saying that no one else had received any damage to the remaining part of their land, * * * ”; remembering that it was Juror Brown. Such statement was made during their deliberations on issue No. 2, but according to Irwin, it did not influence him in his answer thereto. Jurors Ansley and Boyd testified to no recollection of having heard the remark at all.
-Rule 327, Texas Civil Procedure, expressly imposes on a complaining-party the burden of showing probability of injury, “because of any communication made to the jury or that they received other testimony * * * ”; thereby abrogating the presumption of prejudice from jury misconduct as established by earlier Texas decisions. The trial court, in overruling appellants’ motion for new trial, has impliedly held that either (1) the occurrence was not tantamount to misconduct within meaning of the Rule, or (2) it was reasonably doubtful that the verdict had been materially affected thereby. Such ruling has support in the evidence and is therefore binding upon this Court. Bar-rington v. Duncan, 140 Tex. 510, 169 S.W. 2d 462; Blaugrund v. Gish, 142 Tex. 379, 179 S.W.2d 266; Menefee v. Gulf, C. & S. F. Ry. Co., Tex.Civ.App., 181 S.W.2d 287.
Motion for rehearing is overruled.
BOND, C. J., not sitting.