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action affirmed agreed agreement alleged amended amount answer appellant appellant's appellee application authority automobile Bank cause charge Cite as 356 City Civil claim collision Commission Company compensation complaint considered constitute construction contention contract corporation County damages defendant defendant's denied determine directed driving effect election employee entered error evidence fact failed favor filed finding follows further give given granted held hold injury instruction intent interest issue Judge judgment jury Justice land liability Louis March matter ment motion negligence operation opinion paid parties person petition plaintiff plea pleadings present prior question reasonable received record rendered result reversed road rule statute sufficient suit sustained testified testimony Tex.Civ.App Texas tion trial court truck verdict witness