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acres action affirmed agree alleged amount answer appellant appellant's appellee application authority automobile bank cause charge child Circuit Court Cite as 448 City Civil claim Company condition considered constitutional contention contract conviction corporation counsel County Criminal damages deed defendant defendant's denied determine direct District duty easement effect entered error established evidence fact failed failure filed finding further granted ground held hold injury interest issue judge judgment jury land matter ment motion negligence objection opinion overruled parties payment person petition plaintiff pleadings present prior proceeding proper question reasonable record rendered result reversed rule Special statement statute stop sufficient suit Supreme Court sustained taken testified testimony Texas tion tract trial court vehicle verdict wife witness writ