HIDALGO ENTERPRISES V. BALANDAN

91 PHIL 488

FACTS:

Hidalgo Enterprises was the owner of an ice plant factory. They kept on their premises 2 uncovered water tanks, which were unguarded. On a relevant date, children entered the factory premises and swam in one of the water tanks. One of them drowned and sank in the tank. The factory is now being held for damages.

HELD:

A swimming pool or water tank isn’t an attractive nuisance for while it is attractive, it cannot be a nuisance being merely an imitation of a work of nature. Hence, if small children are drowned in an attractive water tank of another, the owner is not liable even if there be no guards in the premises.