Key legal question
Whether the Federal Supreme Court could review the dispute under Art. 50, 67 and 68 OR despite the cantonal court’s view that only cantonal property law governed.
Extracted holding
The appeal raised no reviewable federal-law question: the alleged unlawfulness depended entirely on cantonal property and neighbour law, and the Federal Supreme Court was bound by the cantonal court’s negative ruling on that point.
Extracted reasoning
Art. 50 OR could apply only if the cantonal judge had first characterised the conduct as unlawfully interfering under property law. Art. 67 and 68 OR presuppose a work causing damage through defective maintenance or faulty construction; a clay pit is not such a 'work', and the damage stemmed from its location and use, an issue governed exclusively by cantonal property law. Therefore federal law was not engaged.