MOREMEN, Justice.
These two actions arose from an accident in which Thomas J. Martin, Jr. was killed and Billy J. Hughes was injured. The collision occurred between a car operated by Thomas Martin, Jr. — in which Billy J. Hughes was a passenger — and a truck owned by appellee, W. H. Tipton, and operated by his agent. The actions were tried together and, upon agreed order, have been heard and tried together in this court.
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