Questione giuridica chiave
Whether the plaintiff proved and sufficiently substantiated loss of earnings under Art. 42 OR
Decisione estratta
Art. 42(2) OR did not help because the plaintiff had not sufficiently alleged the income she would have earned; the cantonal court could therefore refuse to estimate the damage.
Motivazione estratta
Art. 42(2) OR eases proof only where strict proof is impossible, but it does not remove the burden of substantiation. The plaintiff had not pleaded the relevant wage facts, and new factual allegations and evidence were inadmissible on appeal.