Paris G. N. R. Co. v. Germany

On Motion for Rehearing.

Having again considered the record, and with reference, especially, to rule 62a for the government of Courts of Civil Appeals (149 S. W. x), we have concluded that the motion should be granted, and that the judgment of the court below, instead of being reversed, should be affirmed. In the rule referred to the Supreme Court declares that “no judgment shall be reversed on appeal and a new trial ordered in any cause on the ground that the trial court has committed an error of law in the course of the trial, unless the appellate court shall be of the opinion that the error complained of amounted to such a denial of the rights of the appellant as was reasonably calculated to cause and probably did cause the rendition of an improper judgment in the case.” We are not of that opinion. On the contrary, we think it extremely improbable that, the errors for which we reversed the judgment caused the jury to render a verdict different from the one they otherwise would have rendered. Therefore, to give effect to the rule, we grant the motion, will set aside the judgment rendered reversing the judgment of the court below, and instead will affirm the judgment of that court