Kernrechtsfrage
Whether the claimant could base the canton’s liability on federal civil law, especially Arts. 50 ff. OR
Extrahierter Entscheid
No. Federal tort provisions do not create liability of a canton for damage caused by its officials in the exercise of non-commercial public functions; Art. 76 OR reserves such liability to other legislation.
Extrahierte Begründung
The asserted liability belongs to public law. Under Art. 56 OG, only the invocation of federal private-law norms can be reviewed on appeal. Since those norms do not support the claim, no federal civil law issue is present.