Rohlfs v. Weil

A jury question was presented as to whether or not it was a nuisance in fact to suspend a scaffold above the sidewalk, at a heavily traveled street corner in Manhattan, without a warning to pedestrians that an activity involving danger to them was being carried on above their heads, in view of there being no provision in the lease for warning or protection to the public.

The two corporate defendants correspond to an owner in possession of a building abutting a public street. The duty involved is founded on possession, however, rather than ownership. There is imposed by law on such an occupier…