Facts
The case concerns a fatal accident that occurred on a construction site in 1974. A high-voltage power line crossed the construction site of the New School Center in A. under construction. A 20-meter-high tower crane had been installed at a distance of 21 meters from the power line, with a 27-meter jib that could extend 10 meters beyond the line. In the late afternoon of July 4, 1974, the mason C. had taken the initiative to operate the crane to transport wooden boards, while the mason [D.] was signaling the position of the hook in relation to the power line. During the maneuvers, one of the crane cables had touched a live conductor, causing the electrocution of [D.] when he had tried to interrupt the power supply to the crane.
The Public Prosecutor had brought charges against the architect [E.], as the construction manager, and [F.], as the executor of the works, as well as against two employees of the electrical company. The court of first instance had found the four defendants guilty of negligent homicide and had also found [E.] and [F.] guilty of violation of the rules of the building trade.
Considerations
The central issue concerns the responsibility of the architect [E.], in his capacity as construction manager, for the violation of the rules of the building trade. The Federal Court found that, according to Art. 229 CC, the construction management is obliged to supervise that the necessary safety measures are observed, even if the contractor is primarily responsible for such obligations.
Although he had delegated the construction management to his employee G., [E.] was not released from his responsibility. He had the obligation to choose, instruct and adequately…