Facts
On June 13, 1991, Hannelore Taroni collided with her vehicle into an ash tree located on the property of the municipality of Bern, which was the owner. The municipality requested compensation from Hannelore Taroni's insurance company, Zürich Versicherungs-Gesellschaft, for the damage suffered by the tree. The municipality estimated the damage at 27'634.30 Swiss francs, while the insurance company offered compensation of 2'000 Swiss francs. The Zurich district court condemned the insurance company to pay 26'474 Swiss francs, but the Zurich cantonal court of appeal reduced this amount to 2'000 Swiss francs.
The municipality of Bern appealed to the Federal Court, requesting the annulment of the decision of the court of appeal and the condemnation of the insurance company to pay 26'474 Swiss francs. The insurance company requested the dismissal of the appeal.
Considerations
The Federal Court examined the question of the civil liability of the vehicle owner for damage caused to a tree. It considered that the civil liability scheme of the vehicle owner (art. 58 al. 1 RTA) applies to damage caused to a tree, and that the calculation of the damage must be made based on the difference between the value of the tree before and after the damage.
The Federal Court also examined the question of determining the value of a destroyed tree. It considered that the value of a tree can be determined based on the replacement value, which corresponds to the cost of replacing the tree with a tree of the same species and size. However, the Federal Court also considered that the value of a tree can also be determined based on the value it…