Facts
On July 6, 1962, a traffic accident occurred in which Mrs. Pia Krapf, the wife and mother of the plaintiffs, was fatally injured. Mrs. Krapf was traveling with her husband Johann Krapf in his vehicle from Arbon to Baumannshaus. At an intersection in Riedern, there was a collision with the vehicle of the defendant Ernst Grädel, who was entering the intersection at a speed of approximately 80 km/h from Roggwil. Mrs. Krapf and her husband were thrown from the vehicle, and Mrs. Krapf died a few days later from her injuries. Johann Krapf was only slightly injured, but has been hemiplegic and fully disabled since a stroke in 1961.
The Indictment Chamber of the Canton of Thurgau discontinued the criminal proceedings against Grädel, as they considered him to have the right of way. However, the plaintiffs, Johann Krapf and his seven children, sued Grädel for damages and compensation totaling 66,059 Swiss francs.
Considerations
The Federal Court first dealt with the question of whether the lower court had rightly rejected a medical expert opinion on the life expectancy of Johann Krapf. The Federal Court saw no violation of Art. 8 of the Swiss Civil Code, as the lower court had assumed based on general life experience that the physical paralysis alone did not indicate a premature death.
The provisions of the Road Traffic Act (SVG) on liability and insurance are decisive for the assessment of the defendant's liability, as the accident occurred after its entry into force on January 1, 1960. However, the traffic rules of the Motor Vehicle Act (MFG) applicable at the time must still be taken into account for the behavior of the drivers.
The Federal Court rejected the defendant's request for a 50% division of the damages under Art. 61 SVG, as Mrs. Krapf was not considered the holder of the vehicle, but her husband Johann Krapf. The application of…