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F.F.Cruz & Co. vs. Court of Appeals 164 SCRA 731

F.F. CRUZ and CO., INC., petitioner, vs. THE COURT OF APPEALS, GREGORIO MABLE as substituted by his wife LUZ ALMONTE MABLE and children DOMING, LEONIDAS, LIGAYA, ELENA, GREGORIO, JR., SALOME, ANTONIO, and BERNARDO all surnamed MABLE, respondents.

G.R. No. L-52732 | 1988-08-29

THIRD DIVISION

D E C I S I O N 


CORTES, J.

This petition to review the decision of the Court of Appeals puts in issue the application of the common law doctrine of res ipsa loquitur

The essential facts of the case are not disputed. 

The furniture manufacturing shop of petitioner in Caloocan City was situated adjacent to the residence of private respondents. Sometime in August 1971, private respondent Gregorio Mable first approached Eric Cruz, petitioner's plant manager, to request that a firewall be constructed between the shop and private respondents' residence. The request was repeated several times but they fell on...