Facts
On January 27, 1955, an electricity pylon was knocked over by a foehn gust in Vérossaz, Switzerland, after two schoolboys, Pierre Zufferey, aged 12, and his friend Serge Quéloz, aged 15, unscrewed the nuts that held it in place. The pylon weighed 12 tons and was 44 meters high. The two boys acted without tools or stones, and their act caused the complete destruction of the pylon, the replacement of which cost 30,849 Swiss francs.
The company O. Kull et Cie, responsible for the construction of the high-voltage line, brought an action for damages against Zufferey, who requested his discharge. The Civil Court of the Vaud Cantonal Court condemned Zufferey to pay half of the damages, i.e. 15,424 Swiss francs with interest. Zufferey appealed this decision to the Federal Court.
Considerations
The Federal Court examined the issue of Zufferey's liability, a minor at the time of the facts, for the damage caused. According to Article 19 paragraph 3 of the Swiss Civil Code, a minor is liable for damage caused by his unlawful acts if he is capable of discernment. The capacity for discernment is presumed, but may be contested if there are indications to do so.
The Federal Court considered that Zufferey, aged 12 at the time of the facts, could discern the dangerous nature of his behavior and that his fault was serious, but it appeared minor considering his age and the circumstances. The Federal Court also considered that the concurrent fault of the company O. Kull et Cie, which had not tightened the nuts sufficiently, was heavy and had contributed to creating the damage.
As a result, the…