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action admitted affirmed agreement alleged amended amount appellant appellant's appellee application attorney authority automobile Bank cause charge Cite as 537 City Civil claim Commission Company considered constitute contends contract conviction corporation counsel County Criminal damages defendant defendant's denied determine direct District easement effect entered error evidence fact failed failure fees filed finding further granted hearing held injury instruction issue judge judgment jurisdiction jury land limited matter ment Missouri motion negligence NUMBER objection officer operation opinion original overruled owner paid parties payment person petition plaintiff pleadings present prior proceeding proof Public question reasonable received record respondent result reversed rule statement statute suit supra sustained Table testified testimony Texas tion trial court utility verdict witness writ