The plaintiff raised the possibility of removing the harm caused by the practice of carpentry and the noise it caused by large machines through making modifications. The court did not take into consideration what the legal expert mentioned about the fact that the urban commune directed warnings to the plaintiff to make modifications in order to prevent harm. Therefore the Appellate Court did not investigate the removal of harm other than locking up the workshop, and the consequence is, it would remove a harm and causing at the same time a larger harm. Thus, its decision should be overruled.

Decision overruled