Questione giuridica chiave
Whether CFF were liable under railway liability law despite the victim's own fault and adverse weather conditions.
Decisione estratta
The CFF remained liable because the bad weather aggravated the normal railway risk and was a concurrent cause of the accident; the victim's fault did not fully break causation.
Motivazione estratta
Under LRespC, victim fault frees the railway only if it is the sole or overwhelmingly predominant cause. Here, reduced visibility and audibility from rain and wind increased the operating risk, so liability persisted, subject to reduction.