Eheleute K v Deutsche Reichsbahn-Gesellschaft

CourtObsolete Court (Germany)
Date02 l 1929
Docket NumberCase No. 226
Germany, Reichsgericht.
Case No. 226
Eheleute K.
and
Deutsche Reichsbahn-Gesellschaft.

International Law — Relation to Municipal Law — Effect of Treaties upon Individuals.

Individuals — Rights and Duties Conferred by Treaty.

Treaties — Operation and Enforcement of — Necessity of Municipal Legislation — Self-Executing Provisions — When Directly Affecting Private Rights of Individuals — Rights and Duties Conferred upon Individuals by Treaty.

The Facts.—Article 36, paragraph 8, of the Convention of 21 April, 1921, between Germany and Poland and the Free City of Danzig, concerning freedom of transit between East Prussia and the rest of Germany, provided that the railway administration working the line shall be responsible to persons who have suffered injury through a railway accident. An additional provision annexed to Article 38 laid down as follows: “(1) The settlement of claims concerning the refunding of the price of tickets and of the cost of forwarding luggage and express parcels shall be undertaken by the railway which has received the payment. The settlement of indemnities for total or partial loss, damage or delay in delivery of luggage or of express parcels shall be undertaken by the despatching railway or the railway of destination, whichever of the two shall have received the claim.”1 Paragraph 1 of Article 36 read as follows: “The responsibility for railway accidents shall be determined by the laws, orders and regulations which are in force on the railways in the locality where the accident occurs, subject to the provisions laid down in Article 38 with regard to luggage, express parcels and goods.”2

The plaintiff's son, while en route from Königsberg (East Prussia) to Halle (Germany), was killed in a railway accident near Stargard in the Polish Corridor. The plaintiff sued the German Railways Company for compensation for the injury suffered on account of the death of his son. The defendant railway contested the applicability to the present case of the Convention of...

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