Facts
On August 30, 1953, Paul-Henri Rossier and his wife, Blanche Rossier, were on a motorcycle on the cantonal road from Evionnaz to La Balmaz when they were overtaken by a car driven by Raymond Peyaud. Rossier's wife was thrown off and hit her head against the car, which resulted in her death a few hours later. Peyaud was fined 300 fr. for violating the traffic law and obstructing public traffic.
Paul-Henri Rossier and his three children claimed compensation from Peyaud's insurer, Assurance Mutuelle Vaudoise, for damages and moral damages. The defendant offered to pay 5000 fr. to Paul-Henri Rossier and 1000 fr. to each of the other claimants, as well as 2000 fr. for funeral expenses.
Considerations
The Federal Court considered that the disputed value was at least 10,000 fr. and that the parties had agreed to directly appeal to the Federal Court, which was therefore competent to hear the case (art. 41 lett. c FJA).
The Federal Court also considered that Peyaud was solely responsible for the consequences of the accident, under art. 37 AviA, and that the death of Blanche Rossier had been caused by the cerebral shock suffered in the collision.
Regarding the compensation for loss of support, the Federal Court considered that art. 45 para. 3 CO allowed for damages to be awarded to third parties indirectly and by ricochet, but that this exceptional rule could not be interpreted extensively. The Federal Court therefore considered that support was not only the person who provided others with the necessary goods for life or money to procure them, but also the person who directly devoted their work to another, preparing their meals, caring for their clothes and home, etc.
The Federal Court also considered that, to judge whether the condition for compensation was met, it was necessary…