British Army of Occupation (Road Accident) Case
| Docket Number | Case No. 131 |
| Date | 16 Junio 1950 |
| Court | Obsolete Court (Germany) |
International Law — Subjects of — Liability for Negligence on the Part of Persons Employed by Authorities of Occupation.
Occupation of Enemy Territory — Rights and Duties of Occupant — Enemy National in Service of Occupying Power — Negligence of Enemy National — Liability for Damage Caused in Course of Employment.
The Facts.—A German national was employed by the British Army of Occupation as a driver, and as a result of his negligence in driving a British service motor vehicle the plaintiff's horses and cart were damaged, and the plaintiff himself suffered personal injuries. In an action for damages by the plaintiff against the driver it was contended on behalf of the latter that, as he was acting in the course of his employment with the occupying Power, he was not personally liable for the consequences of his negligence.
Held: that the damage caused by the driver was the result of his negligence, and not of the occupation of German territory, and that, therefore, the ordinary principles of German law were applicable which provided for the personal liability of the driver. The Court said:
“The decisive ground on which the court below relies in support of its view is that the legal consequences of the accident are to be judged in accordance with the principles of international law. … According to this view damage of this nature does not result from negligence, but from the military occupation of Germany. … The danger inherent in praying in aid principles of international law results in the fundamental structure (of the case) being shifted and misunderstood. Generally speaking, international law governs the legal relations between States and not between individuals. Where a German causes damage to another German, the legal consequences are governed by German law unless that law has been abrogated or has declared itself to be inapplicable. It is true that the car driven by the defendant was being used on behalf of the occupying Power—to this extent it is correct to say that the occupation of Germany was a contributory cause of the damage—but the decisive factor was the...
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