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accident action affirmed alleged amount appellant appellant's appellee application assignment authority automobile bank cause charge Cite as 396 City Civil claim Company compensation condition considered constitute construction contends contract corporation counsel County Criminal damages death defendant defendant's denied determine directed District duty effect employee entered entitled error evidence fact failed filed follows further give granted ground hearing held hold injury instruction interest issue judge judgment jury land matter ment motion negligence notice objection officers operation opinion overruled paid parties payment person petition plaintiff pleadings present prior proceeding proof question reasonable received record refused result reversed road rule statement statute sufficient suit supra Supreme Court sustained taken testified testimony Texas tion trial court truck verdict witness