Facts
On March 18, 1967, Catterini was driving his "VW" passenger car at a speed of 50-55 km/h on the Surbtalstrasse through Lengnau. Two other vehicles were driving in the same direction in front of him. At the same time, the pedestrian Köferli approached from the left from the Brunnengasse, intending to cross the Surbtalstrasse. Köferli first stopped at the intersection of the Brunnengasse, then walked to the middle of the Surbtalstrasse and stopped there again. After the first two passenger cars had passed, he continued on his way to cross the second half of the street before the approaching "VW". Despite immediate braking, Catterini was unable to stop his vehicle in time, and Köferli was hit by the right front of the "VW", thrown to the ground, and seriously injured.
The Zurzach District Office fined Köferli for careless crossing of the road and failure to yield the right of way to the vehicle, while Catterini was fined for negligent bodily harm. On Catterini's objection, the Zurzach District Court acquitted him. The public prosecutor's office appealed, whereupon the High Court of the Canton of Aargau overturned the judgment and found Catterini guilty of violating traffic regulations and negligent bodily harm, and sentenced him to a fine.
Considerations
The Court of Cassation overturned the judgment of the High Court and remanded the case to the lower court for the acquittal of the accused. The Court of Cassation stated that the general basic rule of Art. 26 SVG has only subsidiary significance alongside the special traffic regulations. Since Catterini had the right of way according to Art. 47…