Facts
On November 19, 1967, a fatal accident occurred in which Werner Kropf's passenger vehicle collided with a train at an unguarded railway crossing of the Swiss Federal Railways (SBB). As legal heirs, Kropf left behind his wife Anna Kropf-Meier and his daughter Ruth. The heirs first approached the SBB on April 1, 1969 and stated that the deceased bore significant fault, but that the railway was also liable for a portion of the damages. In the subsequent negotiations, the SBB informed the heirs on November 12, 1969 that they "will waive the statute of limitations defense until the end of February 1970". The SBB later extended this waiver until May 31, 1970. On April 14, 1970, a site inspection took place, after which the SBB denied their liability. The heirs then filed a lawsuit with the District Court of Zurich.Considerations
The Federal Supreme Court held that the two-year statute of limitations period provided for in Art. 14 para. 1 of the Railway Liability Act (EHG) is not subject to mandatory law and can therefore be extended by agreement between the parties. The waiver of the statute of limitations defense by the SBB until May…