112. Damage essential.

112.     Damage essential.

Damage, actual, prospective or presumed, is one of the essentials of nuisance. Its existence must be proved1, except in those cases in which it is presumed by law to exist2.

The damage need not consist of pecuniary loss3, but it must be material or substantial4, that is, it must not be merely sentimental, speculative or trifling5, or merely temporary, fleeting or evanescent6. However, nothing can be deemed fleeting or evanescent if it results in substantial damage, and therefore regard is to be had not