Facts
On September 19, 1966, Mrs. Milda Hunn was hit and injured by a passenger car while crossing Talstrasse in Zurich. The accident occurred at an intersection where traffic was regulated by a signal system. Mrs. Hunn entered the pedestrian crossing even though the traffic lights on Talstrasse were green for vehicles. The driver of the passenger car, Magda Rusconi, was unable to prevent the collision despite immediate braking.
Mrs. Hunn filed a claim against the liability insurance of the vehicle owner for damages. However, the High Court of the Canton of Zurich dismissed the claim, as it considered Mrs. Hunn solely responsible for the accident.
Considerations
The Federal Supreme Court upheld the judgment of the High Court. It stated that Mrs. Hunn did not have the right of way on the pedestrian crossing at the intersection, as it was regulated by the signal system. Mrs. Hunn should not have entered the road as long as the traffic lights were green for vehicles. Her behavior was therefore unlawful and grossly negligent.
On the other hand, driver Magda Rusconi did not act culpably. She could not have expected that Mrs. Hunn would disregard the traffic regulations and…