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Case:
RGZ 87, 64 VI. Civil Senate
Date:
07 June 1915
Note:
Translated German Cases and Materials Under the direction of Professors P. Schlechtriem, B. Markesinis and S. Lorenz
Translated by:
Tony Weir
Copyright:
Professor Basil Markesinis

On 20 July 1913, there was a collision between a tram belonging to the plaintiff and a taxi belonging to the first defendant and driven by the second defendant. The passengers in the taxi, Sch., an accountant, and his wife and daughter, were injured. They claimed damages from the plaintiff tram company under the Imperial Law of Liability. The plaintiff now alleges that the accident was entirely due to the fault of the second defendant, for which the first defendant is responsible, and seeks a declaration that the defendants are bound to indemnify it for all loss arising from the accident.

The lower courts granted the claim and the defendant's appeal is dismissed.

Reasons

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