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action affirmed agreed agreement alleged amount answer appellant appellee application attorney authority automobile award building cause charge Cite as 446 City Civil claim Company compensation condition considered constitute construction contention contract corporation counsel County damages defendant defendant's denied determine direct District effect entered entitled error evidence existence fact failed filed finding follows further give granted ground hearing held highway hold injury instruction interest issue judge judgment jury Justice land lease lien matter ment Mo.App motion negligence notice objection operation opinion parties person petition plaintiff pleadings present prior proceeding question reasonable received record referred result reversed road rule specific statute sufficient suit supra sustained testified testimony Texas tion trial court turn vehicle verdict witness writ