Acquittal from the Charge of Negligent Homicide

Facts

- On February 5, 1974, Jucker was driving a VW delivery van through Rosenbergstrasse in Wallisellen. Immediately after the intersection with Kirchstrasse, Säntisstrasse branches off at an acute angle. At the apex of this angle is a raised small platform ("Bödeli"). - As Jucker was about to turn into Säntisstrasse, the 79-year-old Emma Fetz crossed Rosenbergstrasse from right to left outside the pedestrian crossing to the "Bödeli". She then entered Säntisstrasse, where she was hit and fatally injured by Jucker. - The District Court of Bülach and the High Court of the Canton of Zurich convicted Jucker of negligent homicide.

Considerations

1. The Federal Supreme Court sees no violation of traffic regulations by Jucker. According to Art. 47 para. 5 of the Road Traffic Regulations, Fetz was required to yield the right of way to him, as she was crossing the streets outside a pedestrian crossing. Jucker was entitled to assume that Fetz would come to a safety stop on the "Bödeli" and make sure before entering Säntisstrasse.

2. The "Bödeli" is not a classic pedestrian island, but was designed by the authorities to function as such. Therefore, Jucker was entitled to assume that Fetz would stop on the "Bödeli" and look around before crossing Säntisstrasse.

3. Jucker fulfilled his duty of care by being ready…