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action affirmed alleged amount appellant appellee application authority automobile bank bill bonds cause charge Circuit City claim Commission Company Constitution contention contract corporation counsel County Criminal crossing death deceased deed defendant defendant's denied determine directed District effect election employee entitled error evidence exceptions executed fact failed feet filed follows further give given going ground held holding injury instruction interest issue Judge judgment June jury Justice land matter ment motion negligence operation opinion paid party permit person petition plaintiff pleadings possession present purchase question railroad reason received record reference result reversed rule statement statute street sufficient suit sustained term testified testimony Texas tion tract train trial court trust verdict witness