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action affirmed agreement alleged amended amount answer appellant appellant's appellee applicable Attorney authority automobile bank Board building cause charge Circuit Cite as 403 City Civil claim Company considered Constitution contention contract conviction corporation counsel County Criminal Law damages defendant defendant's denied determine directed District easement effect entered error evidence fact failed filed follows further give given granted ground guilty hearing held highway holding injury instruction issue judge judgment jury land matter ment motion negligence notice officers operation opinion owner party permitted person plaintiff plea pleadings present prior proceeding question reason received record rendered result reversed rule sentence statement statute sufficient suit Supreme Court sustained taken testified testimony Texas tion trial court truck United verdict witness