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accident acres action adverse possession affirmed agreed alleged amount answer appellant appellant's appellee application authority automobile award Board called cause charge Circuit Court Cite as 350 City Civil claim Commission Company compensation condition considered Constitution contention contract County Criminal damages deed defendant defendant's denied determine directed District effect employee entered entitled error evidence fact failed feet filed follows further given granted ground held highway hold injury instruction interest issue Judge judgment jury land matter ment motion negligence NUMBER objection operation opinion owner paid parties payment person plaintiff present proceeding question reason received record result reversed rule statement statute sufficient suit sustained SYSTEM taken testified testimony Texas tion tract trial court truck verdict witness