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action affirmed agreed agreement alleged amount answer appellant appellant's appellee application authority automobile bank Board called cause charge Circuit Cite as 387 City Civil claim Commission Company considered constitute contends contract conviction counsel County Criminal damages deed defendant defendant's denied determine directed District effect entered error evidence fact failed filed further give given hearing held highway hold injury instruction interest issue Judge judgment jury land March matter ment motion negligence NUMBER objection opinion owner paid parties person petition plaintiff pleadings present prior proceeding proof proper question reason record refused relator rendered respondent result reversed rule statement statute sufficient suit sustained taken testified testimony Texas tion trial court truck verdict Wichita wife witness