Questione giuridica chiave
Whether the cassation complaint could challenge the cantonal court's factual findings and alleged reliance on mere assumptions.
Decisione estratta
The complaint could not succeed because it attacked facts and evidence assessment, which are not reviewable in cassation; the cantonal court had made clear factual findings, not mere presumptions.
Motivazione estratta
Cassation lies only for violations of federal law. The Kassationshof is bound by cantonal factual findings; objections to evidence appraisal or to facts must be raised, if at all, by constitutional complaint, not by cassation.