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action actual affirmed alibi alleged allowed amendment amount annotation appeared application appointment authority bond cause charge claim Company complaint condition conduct considered Constitution contract corporation court damages decision deed defendant defendant's difference doubt duty easement effect entitled error evidence exercise fact failed filed finding fraud give given granted ground held holding hospital injury instruction interest issue judgment jury land liability license limitations lots Mass matter measure ment motion municipal negligence officers operation opinion owner paid party patient payment permit person petition plain plaintiff police present proper purchase question reasonable received record recover refused representations represented result rule statute sufficient suit supra taken tion trial true United violation witness