Facts
On May 2, 1969 around 6:35 pm, Gisi was driving his vehicle on Allmendstrasse towards Baldegg. A postal bus was stopped on the left side of the road, in the opposite direction. As Gisi was approaching at a constant speed of 50 km/h, the bus started moving again. At that moment, the young Alain Mack, aged 7 years, came out from behind the bus to cross the road towards Widenweg. Gisi immediately braked, but nevertheless hit the child with the front of his vehicle. Alain Mack was thrown forward and seriously injured. The police investigation revealed that the rear tires of Gisi's vehicle were worn.Considerations
The District Court of Baden initially acquitted Gisi of the charge of serious bodily injury by negligence, but convicted him for driving an unsafe vehicle. On appeal by the Public Prosecutor's Office of the Canton of Aargau, the Cantonal Court found Gisi guilty of serious bodily injury by negligence and driving an unsafe vehicle, and sentenced him to a suspended fine.
The SCC holds that the driver has a general duty of care towards pedestrians, and must in particular reduce his speed when passing a stopped bus on the other side of the road, in order to be able to react in case of reckless pedestrians coming out from behind the bus. In…