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accident action affirmed alleged amended amount appellant appellant's appellee application attorney authority automobile award Board cause charged Circuit Court Cite Cite as 481 City Civil claim claimant Commission Company compensation complainant condition considered constitutional contends contract conviction counsel County Court of Appeals Criminal damages defendant defendant's denied determine direct disability District duty easement effect employee entered entitled error evidence fact failed filed finding further granted ground guilty hearing held hold husband injury instruction interest issue judge judgment jury Justice limitations matter ment motion notice NUMBER objection offense officer opinion parties payment person plaintiff plea present prior proceeding proof question reason record result reversed rule Smith statement statute sufficient suit supra sustained SYSTEM term testified testimony Texas tion trial court wife witness