Compensation for Loss of Support in the Event of the Husband's Death

Facts

Henri Faucherre, a partner in a transport company, was the victim of a fatal accident on a construction site. His widow, Yvonne Faucherre, filed a claim for damages against the electricity company responsible for the loss of support. The cantonal court awarded Mrs. Faucherre compensation of 113,505 francs, taking into account the inheritance advantage she received and her chances of remarriage. Mrs. Faucherre appealed against this decision.

Considerations

1. The cantonal court was right to deduct from the damage resulting from the loss of support the income from Mrs. Faucherre's share in her husband's estate. In accordance with case law, the supported person can only claim compensation to the extent that the income from the inheritance does not allow them to maintain a lifestyle commensurate with their status. In this case, the court has largely calculated the damage and was therefore justified in deducting the full amount of income produced by the inheritance that accrued to Mrs.…