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action affirmed agreed agreement alleged amount answer appellant appellant's appellee application attorney authority automobile building cause charge child Cite as 373 City Civil claim commission Company complainant condition considered constitute construction contention contract corporation County damages defendant denied determine direct District duty effect entered entitled error established evidence execution fact failed favor filed finding follows further granted ground held highway hold injury instruction interest involved issue Judge judgment jury Justice land matter ment motion negligence objection operation opinion party person petition plaintiff pleadings present prior proceeding proper purchase question reason record referred rendered result reversed rule statement statute sufficient suit Supreme Court sustained testified testimony Tex.Civ.App Texas tion trial court verdict witness