Facts
The case concerns a dispute between the neighbors Koch and Keller. Koch had set up a so-called hay drying rack on his meadow to hang the mowed grass for drying. In doing so, he drove three bracing posts into the property of his neighbor Keller, without obtaining his permission.
As a result, Keller pulled these posts out with his tractor during the night of June 21/22, 1958, causing the wires of the rack to tear and the hanging hay to fall to the ground and sustain damage from the rain.
The District Court of Hochdorf subsequently convicted Keller of property damage and imposed a fine of 100 Swiss francs. Keller then filed a nullity appeal with the Court of Cassation of the Swiss Federal Court.
Considerations
The Court of Cassation concluded that Keller could have invoked the justification of self-help under Art. 926 of the Swiss Civil Code, as Koch had acted arbitrarily and unlawfully on Keller's property. However, Keller should have first demanded that Koch remove the posts before resorting to self-help. Instead, Keller had resorted to self-help without warning, which the circumstances…