Texas & Pacific Railway Company v. R. A. Van Zandt

[Respondent vigorously insists that the rule of "probable harm" laid down in Rules 434 and 503, Texas Rules of Civil Procedure
has not been fairly applied in this case; that if that rule is fairly applied we cannot reverse the judgments of the courts
below unless we can say, upon a review of the evidence, that if afforded an opportunity to do so the jury would probably have
found that respondent had not been injured. We do not agree.