Facts
Jörg, a tram driver for the Forchbahn, was driving in the evening of May 3, 1964 on the Gottfried Keller-Strasse in Zurich towards the Stadelhoferstrasse. At the same time, Leupp, the driver of a Simca car, entered the Gottfried Keller-Strasse in the opposite direction with the intention of continuing towards the lake. As cars were parked on the right side of this one-way street about 6 meters wide, there was not enough space to pass each other. Jörg and Leupp therefore stopped, and Leupp reversed to clear the way for the tram. When Jörg put his tram back in motion to enter the Stadelhoferstrasse, the left end of his rear bumper hit the front left part of Leupp's car, pushing it against another parked car. This incident was due to the fact that the rear part of the tram protruded 40 cm beyond the front part.Considerations
According to Art. 45(1) TRegO, tram drivers must exercise particular care when driving against the flow of traffic or crossing on narrow streets. This duty of care also applies to streets that are normally quite wide but where crossing is made difficult by particular obstacles, such as parked cars. The fact that the accident might have occurred even if Leupp's car had been driving in the same direction as the tram is not relevant, as the violation of traffic rules is punishable in itself, regardless of its consequences.
The court found that the rear part of the tram protruded 40 cm beyond the front part when passing through the curve, due to the larger turning radius of the rear wheels. The tram driver, who has received training and has several years of experience, must be aware of this phenomenon. He should therefore have checked that Leupp's car did not exceed the safety line marked on the ground, even if this line was not very visible. The…