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Adriano Mirasol Vs. Municipality Of Tabaco 043 Phil 610

ADRIANO MIRASOL, plaintiff-appellant, vs. THE MUNICIPALITY OF TABACO, ALBAY, defendant-appellee.

G.R. No. 17877 | 1922-07-10

D E C I S I O N


OSTRAND, J.:

This is an action in ejectment and for damages, the plaintiff alleging that the defendant municipality. without his consent, caused an artesian well to be bored on a building lot owned by him thereby rendering the land unserviceable for the uses to which it was to be devoted by the plaintiff. The trial court rendered a judgment absolving the defendant from the complaint, from which judgment the plaintiff appeals.

It appears from the evidence that sometime in the year 1916 the defendant municipality decided to have an artesian well drilled in the central portion of the town. Three landowners expressed...