Smith v. Conner, 98 Tex. 437, 84 S.W. 815; Mixon v. Wallis, 161 S.W. 911. The further averment is made that a conflict appears between the opinion below and that of the Court of Civil Appeals at San Antonio in the case of San Antonio Traction Co. v. Badgett, 158 S.W. 805, touching the practice of permitting the court reporter's notes to be read to the jury. In the present case the jury, after their retirement, went back into open court and asked that a portion of the testimony of one witness, as noted by the reporter, be read to them.
A party complaining of its infraction in order to obtain a reversal by reason of the disregard of the rule must show he has been injured thereby. We believe the case cited by appellant, San Antonio Traction Co. v. Badgett (Tex. Civ. App.) 158 S.W. 803, recognizes that the statute is directory. In that case the trial court refused to permit the court stenographer to read from his notes.