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accident action affirmed agreement alleged amount answer appellant appellant's appellee application attorney authority automobile award Bank cause charge child Cite as 464 City Civil Appeals claim Company considered constitutional contends contract conviction counsel County Court of Civil Criminal damages death defendant defendant's denied determine District easement effect entered error evidence fact failed filed further granted ground hearing held highway hold injury interest issue Judge judgment jury Justice land March matter ment motion NUMBER objection officer opinion overruled owner parties payment permit person plaintiff pleadings present prior proof question reason received record relating rendered result reversed rule shown statement statute sufficient suit Supreme Court sustained testified testimony Texas tion trial court United vehicle wife witness writ