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action affirmed agree agreement alleged amount appeal appellee applicable attorney authority award cause charged child Circuit Cite as 564 City Civil claim Company considered constitute construction contends contract conviction County Criminal damages death defendant defendant's denied determine direct dismissed District easement effect employee entered entitled Erickson erred error established evidence fact failed failure filed final finding further granted ground hearing held hold instruction intent interest issue Judge judgment jurisdiction jury land limited March matter ment Missouri motion negligence objection opinion parties payment person petition plaintiff pleading possession present prior proceeding question reasonable received record Relations result reversed rule specific statement statute sufficient suit supra sustained testified testimony Texas tion tort trial court trust witness writ