Facts
On April 10, 1950, an accident occurred at a railway crossing in Däniken, where the then approximately 2 years and 8 months old Irene Wenger was hit and injured by a track tractor. The child suffered a broken leg and head injuries, which led to permanent impairments such as a cosmetic disfigurement of the face and severe visual impairment in the left eye.
The child's father subsequently filed a lawsuit against the Swiss Federal Railways (SBB) for payment of medical expenses, compensation for the reduction in earning capacity, and satisfaction.
Considerations
The Federal Court affirmed the liability of the SBB, as the accident had occurred in the railway operation. Although a certain degree of parental negligence was also established, as the child had reached the tracks unattended, this parental negligence was merely a contributing cause and could not exclude the liability of the SBB.
The SBB was found guilty, as it had not adequately secured the railway crossing. Despite warnings, it had removed the hanging barriers at the gates, although these had been installed for safety, especially for children. This lack of safety measures contributed significantly to the accident.
The Federal Court therefore awarded the plaintiff the entire amount of medical expenses of CHF 310.20, as the health insurance had only…