Questione giuridica chiave
Whether the appellant was passively legitimated and liable as owner of the path under Art. 58 OR.
Decisione estratta
Yes. The path segment was within the appellant's responsibility and its use and upkeep served the appellant's interests; no exception from owner liability applied.
Motivazione estratta
Liability under Art. 58 OR generally follows property ownership, but exceptions are narrow. The decisive factor was that the path functioned as a connection serving the appellant's operations, and its maintenance lay in the appellant's sphere of responsibility.