Questione giuridica chiave
Whether Frei's CHF 459 claim had to be ranked in first class as liquidation costs under Art. 38 No. 1 of the railway liquidation statute.
Decisione estratta
No. Only claims arising during the liquidation can be liquidation costs; Frei's claim arose long before liquidation and therefore could not be ranked in first class.
Motivazione estratta
The court held that liquidation costs presuppose a claim arising after the liquidation begins. Frei's compensation claim already existed before liquidation was ordered. The cited precedents on expropriated land concerned claims arising during liquidation because the estate had to acquire title to sell the railway, which was not the situation here.