Facts
A railway accident involving officials and workers made available to the Swiss Federal Railways (SBB) by private companies led to a dispute. The widow of one of the workers killed in the accident sued two of the workers involved, Perret and Maudry, for damages. The SBB also brought a recourse action against Maudry. The Cantonal Court of the Canton of Vaud sentenced Maudry and Perret to pay certain indemnities to the widow, but rejected the SBB's action. Several appeals were filed against this judgment.Considerations
1. The Federal Act on the Liability of the Authorities and Officials of the Confederation (LRCF) applies to SBB station workers, who are considered officials. Thus, the action against Perret, recognized as an official, must be rejected, whether under the new 1958 law or the old 1850 law. 2. Maudry, although employed by a private company, was temporarily performing a public law task incumbent on the Confederation. He is therefore also…