MELENDEZ v. UNION OIL CO.

would be responsible for any loss by virtue of the same resulting to the true owner of the property. This damage would be measured by the increased loss resulting to the owner by virtue of this additional servitude caused by the defendant. As the instruction of the court on the question of exemplary damages may have had a tendency to increase the amount awarded as actual damages, I think it a proper case to be referred back for a new trial.
There are other questions raised in the record but as the one above referred to settles the entire case, so far as this court is concerned, it is not considered necessary to pass upon them.
It is my opinion that an order should be entered reversing the judgment of the Third Judicial Circuit and granting a new trial.
F. MUTIS DURAN, C. J. I concur with Justice Gudger for the following reasons in addition to those he has given:
From duly recorded deed No. 20, executed in the city of Colon on February 11, 1891, and offered by the appellant in this suit, defendant in the court below, to prove his title of ownership to the land which the defendant is claimed to be occupying, it appears that Samuel D. Gonzalez P. sold to Porfirio Melendez one-half of certain lands known as "Pefias Blancas Abajo," situated in what is to-day the Canal Zone; Gonzalez having purchased the said property at a public auction sale on July 16, 1889, held in accordance with a judicial order issued in the succession proceedings of the deceased Matias Villaverde, as is shown by the duly recorded minutes of that sale, in which the boundaries of the property are described as follows: By the north those lands called Vamos Vamos; inclining to the right and down the stream to the mouth called Aguas Prietas; to the south, the land belonging to Mrs. Manuela Medina, beginning with a point where existed a tree called "Bongo," which does not now exist; to the east, the mountain; and to the west the same mountain, uncultivated.
The minutes of the auction sale then go on to state: The judge also ordered that the public should be notified of the fact that 100 hectares of land sold by the owner of the

1908.

Ill