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accident action affirmed agreed agreement alleged amount answer appellant appellant's appellee application automobile bank Board cause charge child Circuit Cite as 398 City claim Company compensation condition considered contention contract conviction corporation counsel County Court of Civil Criminal damages deed defendant denied determine direct District easement effect employee entered error evidence fact failed filed fire follows further given held holding injury instruction interest issue judge judgment jury Justice land lease limitation matter ment motion negligence notice NUMBER operation opinion overruled paid parties payment person plaintiff present prior purchase question reason received record rendered result reversed rule statement statute sufficient suit Supreme Court sustained term testified testimony Tex.Civ.App Texas tion trial court truck verdict wife witness