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action affirmed agreed alleged amount appellant appellee application attorney authority automobile Board building cause charged Cite as 347 City Civil claim Company condition considered Constitution construction contention contract County Criminal damages death deed defendant defendant's determine direct District duty easement effect entered error evidence fact failed feet filed fire further granted ground held hold injury instruction interest involved issue Judge judgment June jury land Louis matter ment motion negligence notice NUMBER objection opinion owners paid parties payment person plaintiff present prior purchase question reason record rendered respondent result rule specific statement statute street sufficient suit Supreme Court sustained testified testimony Tex.Civ.App Texas tion tract trial court trust verdict witness