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CITY OF OCALA v. ADAMS

No. K-403.

223 So.2d 386 (1969)

CITY OF OCALA, a Municipal Corporation, Existing under the Laws of the State of Florida, Appellant, v. Gertrude Rule ADAMS and Her Husband, David Adams, Appellees.

District Court of Appeal of Florida. First District.

June 10, 1969.

Attorney(s) appearing for the Case

Green, Simmons & Green, Ocala, for appellant.

Eric E. Wagner and Robert T. Jameson, Jr., Ocala, for appellees.

PER CURIAM.

In this appeal from a judgment based upon a jury verdict, the factual situation was decided by the jury adverse to the appellant and there appears sufficient competent evidence to support the same, so that as an appellate court we will not retry the issue of facts. The question of when the alleged negligence occurred, whether at the time of construction of the street or sidewalk or afterwards, becomes immaterial...

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