(Download) "Blaine Harper v. Robert L. Hoffman" by Supreme Court of Idaho No. 11351 # eBook PDF Kindle ePub Free
eBook details
- Title: Blaine Harper v. Robert L. Hoffman
- Author : Supreme Court of Idaho No. 11351
- Release Date : January 12, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This action arises out of a collapse of a basement wall which occurred while the defendant-appellant, Robert L. Hoffman, was filling a trench with dirt next to the wall. The plaintiff-respondent, Blaine Harper, was building a house and employed the appellant to dig the basement. After the basement area was excavated, the respondent constructed the walls of the basement. Subsequently, the appellant returned at the request of the respondent to put in garage footings. It was determined that before the garage footings could be placed, some of the dirt surrounding the basement pit would have to be moved. There was a three foot wide trench between the basement walls and the edge of the basement pit, and the basement walls were free-standing with no braces between them. The appellant began to push dirt into the trench with his backhoe, and the respondent started work on another section of the wall out of sight of the appellant. After appellant pushed dirt into the trench, the basement wall collapsed. The respondent filed an action in which he specifically alleged that the appellant allowed the backhoe to come into contact with the foundation of the plaintiff's building in such a manner as to cause the foundation to collapse and he generally alleged, that the said damage to plaintiff's building foundation was directly caused by the defendant's negligent operation of his said equipment. The action was tried before the trial court without a jury and a judgment was entered for the respondent. This appeal is from the findings of fact, Conclusions of law and judgment.