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GENTILE v. AUSTIN

No. 64-104.

166 So.2d 155 (1964)

John GENTILE, Appellant, v. M. Elena AUSTIN, Appellee.

District Court of Appeal of Florida. Third District.

July 21, 1964.

Attorney(s) appearing for the Case

Whitman & Knott, Miami, for appellant.

Blackwell, Walker & Gray and James E. Tribble, Miami, for appellee.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.

PER CURIAM.

The directed verdict in favor of the defendant entered at the conclusion of plaintiff's case is affirmed under the rule stated in Zubowicz v. Warnock, Fla.App. 1963, 149 So.2d 890, to the effect that appellant, being the occupant of the premises, was in as good or better position to know of such defect as was appellee. See also Felshin v. Sir, 149 Fla. 218, 5 So.2d 600.

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