Facts

On May 2, 1972, an accident occurred on a construction site in S., where companies X. and [Y.] were digging a ditch for a water pipe. The workers of company [Y.] were in the ditch, which was not shored, when the earthmoving machine of company X. began to dig nearby. The ditch partially collapsed, resulting in the death of two workers.

The site manager of company X., X., was convicted of violating the rules of the construction trade and of involuntary homicide. He filed a nullity appeal against this judgment.

The key facts are as follows

  • The ditch dug by company [Y.] was not shored.
  • The workers of company [Y.] were in the ditch when the earthmoving machine of company X. began to dig nearby.
  • Site manager X. saw the workers in the ditch, but took no measures to warn them of the danger.
  • The ditch partially collapsed, resulting in the death of two workers.

Considerations

The Federal Court examined the grounds of the nullity appeal filed by X. and considered that site manager X. had violated the rules of the construction trade by not taking measures to warn the workers of company [Y.] of the danger.

The Court considered that X. had the obligation to take measures to prevent the danger, as he had created a hazardous situation by having the ditch dug near the workers. The Court also considered that X. had the obligation to take measures to warn the workers, even if they were not…