Questão jurídica principal
Whether the cantonal court arbitrarily assessed witness evidence and the victim's behavior
Decisão extraída
No. The appellate court could rely on the overall evidence to find that the victim was moving slowly and had not suddenly dashed onto the crossing.
Fundamentação extraída
The Federal Court found no manifestly untenable assessment of the testimonies. The cantonal court was entitled to prefer the consistent evidence and to treat the victim's age and slow pace as corroborating circumstances.