By increasing the height of its building, Lincoln Trusts and Savings Company created a lee that caused more snow to accumulate on the roof of T.H. Critelli's adjacent building, imposing a cost on the plaintiff to reinforce his roof. T.H. Critelli brought an action for damages in the amount of the reinforcement.
- What level of foresight is required by an individual in constructing something which may be a potential nuisance?
Finding for the plaintiff, damages of $14,433 and costs awarded.
The court states that there is a "good deal of advantage in being there first". The plaintiff built his building reasonably, and took the reasonable precautions. He had no reason to reasonably assume that he would need to reinforce his roof. However, Lincoln knew before construction that their action would cause damage to their neighbour's property and "[s]urely, it was incumbent on Lincoln Trust to take steps to prevent that damage".
There is an advantage in nuisance cases of "being there first".