Chris Murphy v. Pocatello School District

Ned and Marne Hardy appeal from a district court judgment awarding damages to plaintiffs Gibson and Swallow caused by the Hardys in negligently performing a slash piling contract for the United States Forest Service (USFS). The Hardys assert that the judgment must be set aside because of the following errors: first, that plaintiffs had no justiciable interest in the property which was admittedly damaged or destroyed by the Hardys; second, that the trial court erred in concluding the Hardys breached a legal duty to plaintiffs to exercise due care not to damage or destroy wood materials being salvaged by plaintiffs; third, that the courts findings as to damages are not supported by substantial, competent evidence. We affirm the judgment as to liability but we vacate and remand on the issue of damages.