Facts
Fritz Schärer, an architect and general contractor, had entrusted his son René Schärer with the management of the construction work on seven single-family houses, including that of Alfred Vetter. On April 2, 1964, while Fritz Flückiger, a carpenter, was having carpentry materials transported by Otto Burren to the Vetter house, Burren fell in the basement stairwell and was seriously injured. This accident was due to the absence of a temporary protective barrier between the basement stairwell landing and the vestibule. Burren then sued Vetter, the Fiechter brothers (masons), Fritz Flückiger, and Fritz Schärer for damages. The court held Fritz Schärer liable as the employer of his son René, the construction manager, who had failed to ensure the installation of the protective barrier. Both Schärer and Burren appealed the judgment.Considerations
The FC dismissed Fritz Schärer's appeal. It considered that the absence of a protective barrier constituted a fault on the part of René Schärer, the construction manager, and that Fritz Schärer, as the employer, had not exercised the required diligence in instructing and supervising his son on the safety measures to be taken.
Regarding Burren's appeal, the FC held that Burren could hold Fritz Flückiger liable under…