Facts
On November 6, 1970, Monique Bertrand, the wife of Robert Bertrand and mother of three children, died as a result of an accident that occurred while she was seated on a trailer being pulled by an agricultural tractor belonging to Jacques Thury, her employer. Robert Bertrand and his children Carole, Béatrice, and Rémy filed a claim for payment against Jacques Thury and his liability insurance, the Vaudois Mutual Insurance against Accidents.
The Vaud Cantonal Court ordered the defendants to pay compensation for the loss of support of the wife and mother, as well as damages for moral harm. The defendants appealed this judgment to the Federal Tribunal.
Considerations
The Federal Tribunal considered that Mrs. Bertrand, although not working outside the home, was the support of her family within the meaning of Art. 45 para. 3 CO. However, the amount of compensation for loss of support was reduced, as the Tribunal considered that the use of part-time household help would be preferable to the employment of a full-time housekeeper, given the children's ages and the fact that two of them take their midday meal at the school canteen.
The Tribunal set the compensation for loss of support at 16,000 French francs per year, or 1,200 Swiss francs per month, deducting 8,000 French francs corresponding to the portion of the husband's income that would have been devoted to his wife. This compensation was divided equally between the husband and the three children, i.e., 2,000 French…