
    CITY OF OCALA, a municipal corporation, existing under the laws of the State of Florida, Appellant, v. Gertrude Ruie ADAMS and her husband, David Adams, Appellees.
    No. K-403.
    District Court of Appeal of Florida. First District.
    June 10, 1969.
    Green, Simmons & Green, Ocala, for appellant.
    Eric E. Wagner and Robert T. Jameson, Jr., Ocala, for appellees.
   HER 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 if the defect did in fact exist, as found by the jury. The court’s instruction on contributory negligence was standard and not erroneous. The judgment appealed from is therefore affirmed.

RAWLS, Acting Chief Judge, JOHNSON and SPECTOR, JJ., concur.  