Question juridique clé
Whether the claim for blasting damage under Art. 679 and 685(1) CC was time-barred under Art. 60 CO
Solution extraite
The one-year period runs from actual knowledge of the damage and its extent; the cantonal court wrongly required only prompt inspection and made no finding on when the plaintiff actually learned of the damage.
Motifs extraits
Knowledge of damage includes its extent, but the creditor need not know the exact amount. Because the cantonal court did not determine the moment of actual knowledge, the Federal Court could not uphold the prescription ruling and remanded for findings.