3.9-26 Public or Private Nuisance -
Revised to January 1, 2008
In order for the defendant to be
liable for nuisance, the plaintiff must prove that the defendant exercised
control over the property that is the source of the nuisance. This requires you
to consider all of the factors which may indicate control. It is not merely a
question of who owned the property, but who exercised the functions necessary to
prevent the nuisance from occurring.
The question of whether the defendant
maintains control over property sufficient to be liable for the nuisance is a
question for you to answer based on all the evidence.