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action affirmed agreed agreement alleged amended amount answer appellant appellant's appellee application attorney Atty authority automobile Bank cause charge child Cite as 480 City Civil claim Company compensation condition considered constitute construction contends contract conviction corporation counsel County damages death defendant defendant's denied determined District effect employee entered erred error established evidence fact failed filed further granted ground hearing held holding injury issue Judge judgment jury Justice limited matter ment motion negligence notice NUMBER objection opinion overruled paid party person plaintiff pleadings possession present prior proceeding proof purchase question reasonable received record refused rendered request result reversed rule statement statute sufficient suit supra sustained testified testimony Tex.Civ.App Texas tion trial court verdict Vernon's wife witness writ