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action affirmed agreed agreement alleged amount answer appellant appellee authority automobile Board cause charged child Cite as 358 City Civil claim Commission Company condition considered constitute contends contract corporation counsel County Criminal damages deed defendant defendant's denied determine direct District duty effect entered error evidence fact failed farm filed further given granted held hold injury instruction interest involved issue judge judgment June jurisdiction jury Justice land lease matter ment motion negligence operation opinion paid parties payment permit person petition plaintiff pleadings present prior proof question reasonable received record referred Relations rendered respondent result reversed rule Service Smith specific statement statute street suit sustained testified testimony Tex.Civ.App Texas tion tract trial court trust verdict witness