Facts
On July 27, 2014, [B.] (injured party) and [C.] (injured party) wanted to sail with a catamaran, whose mast was 6.865 m high, over a level crossing to the [V.] lake. In the process, the mast collided with the 5.65 m high overhead line of the railway, which was under high voltage. The injured party suffered serious injuries. The insurance company [A. AG] (appellant) provided benefits and sued the Swiss Federal Railways SBB (respondent) for reimbursement. The lower instances dismissed the claim, as the grossly negligent conduct of the injured parties had interrupted the causal link to the operational hazard of the railway.Considerations
The Federal Court confirmed the decision of the lower instances. The injured parties had reassembled the mast of the catamaran for transport, although they knew that it had a considerable height, instead of dismantling it for transport. Although they were aware of the danger of bridges, they did not consider the danger of the overhead lines above the level crossing. This conduct had such a high…