Kestner v. Homeopathic Medical & Surgical Hospital

Citations

• 245 Pa. 326
• 91 A. 659
• 1914 Pa. LEXIS 879

Syllabus

<p>Equity — Nuisances—Hospital—Noises—Injunction.</p> <p>1. Although a hospital is not in itself a nuisance, its management may cause it to become one'; and where the existence of the nuisance is unequivocally established, the status of the hospital as a charitable institution, will not constitute any justification for the continuance of such nuisance or interpose any defense to the abatement thereof.</p> <p>2. If unusual and disturbing noises regularly or frequently emanate from a hospital building situated in close proximity to a dwelling house, and are of such a character as to affect the comfort of the household and the peace and health of the family, and are calculated to destroy the comfortable enjoyment of the home, a court of equity will prevent the continuance of such ail injury.</p> <p>3. In a suit in equity to enjoin defendant from conducting its hospital in such a manner as to injure plaintiffs, it appeared that plaintiffs owned a house having doors and windows facing the hospital, and from nine to twelve feet distant therefrom;' that noises emanated almost daily from the hospital, consisting of shrieks, groans, moans, and yells of men and women and the cries of children, in fright or pain, which disturbed the family at meals, ■ wakened them at night, kept them awake, made them nervous and disturbed their comfort and happiness, and that of guests invited to their house, and depreciated the value of their property. Most of the objectionable sounds came from an emergency operating room which faced plaintiffs’ house. It further appeared that defendant allowed persons occupying rooms in the hospital to throw refuse upon plaintiffs’ property. Held, the court did not err in awarding an injunction restraining defendant from using its buildings as a hospital during the continuance of the existing internal construction, and while the emergency operating room was maintained in close proximity to complainants’ residence, and in restraining defendant from permitting