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accident acres action affirmed agreed agreement alleged amount answer appellant appellee application authority automobile Bank cause charge Cite as 345 City Civil claim Commission Company compensation condition considered constitute contention contract corporation County damages death deed defendant defendant's denied determine directed effect employee entered entitled error evidence fact failed filed follows further give given held hold hospital injury instruction interest issue Judge judgment jury land lease Louis March matter ment motion negligence notice operation opinion owner paid parties payment plaintiff present prior proceeding provisions purchase question reason received record refused rendered result reversed rule statement statute suit sustained taken testified testimony Tex.Civ.App Texas tion trial court verdict wife witness