Conviction of the driver for negligent bodily harm

Facts

On the afternoon of December 6, 1963, Polentarutti was hit and injured by a passenger car driven by Meier on a pedestrian crossing in Zurich. Polentarutti filed a criminal complaint for negligent bodily harm.

On December 8, 1964, the High Court of the Canton of Zurich found Meier guilty of a violation of Art. 33 para. 2 RTA and Art. 6 para. 1 TRO for negligent bodily harm (Art. 125 CC) and sentenced him to a fine of CHF 200.--.

Meier filed a nullity appeal against this judgment. The Federal Supreme Court's Court of Cassation quashed the High Court's judgment and remanded the case for a new assessment.

After a new evidentiary hearing, the High Court acquitted Meier of the charge of negligent bodily harm on December 21, 1965. Polentarutti filed a nullity appeal against this judgment.

Considerations

The Court of Cassation concluded that Meier had violated the right of way of the pedestrian Ms. Bühler and thereby committed a violation of Art. 33 para. 2 RTA and Art. 6 para. 1 TRO.…