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accident action adverse possession affirmed agreed agreement alleged amount appellant appellee application authority automobile Bank bill Board cause charge child Cite as 402 City Civil claim commission Company compensation consider contends contract corporation County damages death deed defendant defendant's denied determine directed District driver duty effect employee entered entitled error evidence fact failed feet filed follows further granted held highway holding injury instruction interest issue judge judgment jury land limited matter ment motion negligence notice NUMBER operation opinion owner paid parties payment permit person plaintiff present prior proceeding question reason received record result reversed rule statement statute sufficient suit sustained testified testimony Texas tion tract trial court trust verdict witness