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accident action affirmed agree agreement alleged amended amount appellant appellee application arrest authority automobile building cause charge Cite as 412 City Civil claim Company condition considered constitutional construction contention contract conviction corporation counsel County Criminal damages defendant defendant's denied determine direct driver duty effect entered entitled error evidence fact failed filed further given ground held highway hold injury instruction interest issue Judge judgment jury land lease March matter ment Missouri motion negligence notice objection officers operation opinion owner paid parties payment permitted person plaintiff present prior question reasonable received record reference result reversed rule statement statute sufficient suit supra Supreme Court sustained testified testimony Texas tion trial court truck vehicle verdict witness