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action affirmed agree agreement alleged amount appellant appellee application attorney authority automobile Board cause charge child Circuit Cite as 357 City claim Commission Company condition considered Constitution contention contract corporation County damages death deed defendant defendant's denied determine direct District effect entered entitled error evidence fact filed follows further give going granted held highway injury instruction interest issue Judge judgment jury land matter ment motion negligence NUMBER objection officers operation opinion owner paid parties payment person plaintiff present prior proceeding proof purchase question reason received record result reversed rule Service signed statement statute sufficient suit Supreme Court sustained testified testimony Texas tion trial court truck trust verdict wife witness