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accident action affirmed agent agree agreement alleged amended amount answer appellant appellant's appellee attorney authority automobile award bank Board bond cause charge Cite as 469 claim Company compensation complainant condition considered constitute contends contract corporation counsel County Court of Civil Criminal damages defendant denied determine District easement employee entered entitled error established evidence executed fact failed filed finding further granted hearing held hold injury interest issue judge judgment jury Justice land lease liability limited loss materials matter ment motion negligence officers operation opinion original overruled owner parties payment person plaintiff pleadings present prior proceeding proof question reasonable received record result reversed road rule statute sufficient suit supra Supreme Court sustained testified testimony Tex.Civ.App Texas tion trial court verdict witness writ