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action affirmed agreed agreement alleged amount annexation answer appellant appellant's appellee apply authority automobile Bank cause charge child Cite as 466 City claim Company condition considered constituted contends contract conviction corporation counsel County Court of Civil Criminal damages death defendant defendant's denied determine direct District duty effect employee entered entitled error established evidence fact failed filed finding further granted ground guilty hearing held hold hospital injury instruction Insurance interest issue judge judgment jury land limitation matter ment motion negligence NUMBER objection officer operation opinion overruled parties person petition plaintiff plea pleadings present prior question reason record rendered result reversed rule statement statute sufficient suit supra Supreme Court sustained testified testimony Texas tion trial court verdict witness writ