Facts

This case concerns the damage to trees on the property of B. and C. by A. The facts are as follows:

  • B. and C. are the owners of a property with a single-family house and a garden, which borders the garden of the A. family.
  • On January 24 and 25, 1996, A. had a gardener thin out the trees on the property of B. and C. and prune the branches. Additionally, a fir tree was felled.
  • A. was fined 500 CHF for criminal damage and trespass. Additionally, the civil lawsuit filed by B. and C. was essentially upheld, with the amount of compensation still to be determined.
  • B. and C. claimed 44,885.50 CHF plus interest. The court ultimately awarded them 21,605 CHF plus interest.
  • A. appealed against this judgment.

Considerations

The Federal Supreme Court dismissed the appeal. In its reasoning, it stated the following:

The damage in the case of damage or destruction of trees is generally measured by the costs of replanting, regardless of whether the market value of the property has been reduced. The decisive factor is the owner's interest in restoring the previous condition. Only in…