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action affirmed agreed alleged allowable amount answer appellant appellant's appellee application authority automobile Board bonds cause charged Cite as 405 City claim Commission Company consider constitute construction contends contract corporation County Court of Civil damages defendant defendant's denied determine direct District effect election entered entitled error evidence fact failed feed field filed follows further grant held highway hold injury interest issue Judge judgment July jury Justice land lease limited loss matter ment motion negligence objection offer operation opinion original owner paid parties payment person petition plaintiff present proceeding produced purchase question reasonable record rendered result reversed rule statement statute suit taken testified testimony Texas tion tract trial court verdict witness