Personal Injuries (Occupied Germany) Case

Docket NumberCase No. 147
Date09 April 1952
CourtRegional Administrative Court (Germany)
German Federal Republic, Administrative Court of Appeal of Münster.
Case No. 147
Personal Injuries (Occupied Germany) Case.

Belligerent Occupation — Rights and Duties of Occupant — Liability of Occupying Power — Personal Injuries Caused to Inhabitants of Occupied Territory — Whether Proof of Negligence Required — Whether Damages Payable for Pain and Suffering.

Belligerent Occupation — Treatment of Inhabitants — Liability for Personal Injuries Caused by Personnel of Occupying Power — Whether Proof of Negligence Required — Damages Recoverable.

The Facts.—The plaintiff, a German citizen, sustained severe personal injuries when a motor vehicle of one of the Occupying Powers in occupied Germany collided with him. The “Claims Panel” of the Control Commission for Germany (British Zone) acknowledged the plaintiff's claim to be well-founded, and in accordance with the relevant legislation of the British occupation authorities the amount of the damages recoverable by the plaintiff had to be assessed by...

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