Questione giuridica chiave
Whether the cantonal road had a defect under Art. 58 CO giving rise to road-owner liability
Decisione estratta
The road was insufficiently safe at the place and time of the accident; the authority failed to take urgent and necessary anti-icing measures despite foreseeable danger.
Motivazione estratta
Ice formation was foreseeable and avoidable, the salt truck was available, and the dangerous stretch near the curve required prompt action; omission of salting constituted a maintenance defect.