Facts
On 22 March 1994, Y., an apprentice farmer at the Z. Agricultural Institute (service of the Republic and Canton of Jura), was the victim of a serious accident while cleaning the ceiling of a stable on a travelling crane without a protective barrier. A young bull struck the travelling crane, causing Y. to fall and sustain serious bodily injuries. Y. claimed from the Republic and Canton of Jura, with notification of the proceedings to the Nationale Suisse Assurances, the uncovered portion of his loss. The Administrative Chamber of the Cantonal Tribunal of Jura accepted the liability of the defendants, who then appealed to the Federal Tribunal.Considerations
The Federal Tribunal dismisses the appeal for reform insofar as it is admissible. It considers that the liability of the Canton of Jura is governed exclusively by cantonal public law by virtue of Art. 61(1) CO, which allows cantons to exclude the liability of their agents from federal private law. The appeal for reform is therefore in principle inadmissible, unless federal law contains a norm that the cantonal law should have taken into account, such as Art. 44(2) AIA which restricts the possibility for cantons to derogate from federal law.
In the present case, the cantonal court considered that there had been gross negligence…