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action affirmed agree alleged amount answer appellant appellant's appellee application attorney authority automobile Board cause charge Cite as 453 City Civil claim Company considered constitute contends contract conviction counsel County Criminal damages death defendant defendant's denied determined direct District easements effect entered entitled error evidence fact failed filed finding further given granted ground hearing held highway hold injury instruction interest involved issue judge judgment jury land March matter ment motion negligence NUMBER objection operation opinion overruled owner paid parties payment person petition plaintiff present prior proceeding proof proper purchase question reasonable record refused rendered result reversed rule statement statute suit sustained taken testified testimony Texas Tigrett tion tract trial court trustees verdict witness writ