ProportionalityProportionality
“When a person exercises a common right, without negligence or malice, to render such action a nuisance, and therefore to hold the defendant liable, it must be such an act in itself as to be a nuisance to all or to a majority of the persons living in the neighborhood, and not simply, by exceptional circumstances, to one person.” – Supreme Judicial Court of Massachusetts, Rogers v. Elliott, 146 Mass. 349 (1888)