Question juridique clé
Whether the defendant was liable under Art. 58 OR for damage allegedly caused by a defective water pipe.
Solution extraite
The Federal Supreme Court did not examine the remaining liability prerequisites because the cantonal findings that no natural causal link existed were binding.
Motifs extraits
The appellate court is bound by the factual finding that the pipe break was not shown to be the natural cause of the landslide. Without that causal link, liability under Art. 58 OR cannot be established.