Facts
On July 14, 1961, while Nikles was driving at 70-80 km/h on the cantonal road near Frutigen, his vehicle (Opel Rekord) skidded on the wet road surface and collided with an oncoming car (Citroën 2CV), seriously injuring the Bonnet spouses who were in the latter vehicle. The Cantonal Court of Bern acquitted Nikles of the charge of endangering public traffic, but held him civilly liable to compensate the Bonnet spouses, as the responsibility of the holder was established. Nikles filed a nullity appeal against this civil decision.Considerations
The Court of Cassation dismisses Nikles' appeal. It considers that the defects in the road surface, namely the slippery coating of the repaired area with a cold asphalt mixture, do not constitute a serious fault of the authorities responsible for the maintenance of the road. Although the choice of material and the preparation of the mixture were not optimal, these errors cannot be qualified as a serious fault. Furthermore, the slipperiness of the repaired surface cannot be considered a case of force majeure, as every…