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action affirmed agreed agreement alleged allowed amount appeal appellee application Argued authority bill bonds building cause charge claim common complainant condition considered contract corporation costs court damages death decree deed defendant determine direct duty effect entitled error evidence exception executed fact filed follows further give given ground held injury intended interest issue John judge judgment jury land liability March matter ment negligence notice objection owner paid parties passed payment person plaintiff possession present proceedings proper purchase question railroad reason received record recover referred relation road rule shares statute street sufficient suit Supreme Court taken testimony tion trial trust United wife witness