A Chancellor Should Consider Alternative Means to Abate A Nuisance
In Collins v. Wayne Iron Works, 227 Pa. 326, 76 A. 24 (1910), the Supreme Court explained that a chancellor has a duty to consider alternative means to abate the nuisance:
Where the facts and equities call for it, a chancellor is required to give relief by injunction; but such injunction should never go beyond the requirements of the particular case; and under no circumstances should a decree be entered the apparent practical effect of which will be to close an industrial plant, if it is possible to frame another form of decree which will give such relief as the plaintiff is entitled to....
In a case like the present where the annoyance arises from the conduct of a business which is not a nuisance per se, a strong effort should be made to conserve the rights of all the parties; and an important question is, Can the noise by any reasonable means be so moderated as to accord with the degree of quietness the plaintiff has a right to enjoy; and, if it can, by what means? Collins, 227 Pa. at 330, 76 A. at 25.