The plaintiff traveled by train with the Austrian national railway company ÖBB. She carried a large travel bag which she put on the floor of the aisle. The conductor orderd her to place her bag to the baggage compartment of the wagon which could not be observed from her seat. When she reached her destination she realized that her bag was stolen.
The claim for compensation was dismissed: the Supreme Court (OGH) held that the conductor's instruction to store tha bag in the baggage compartment did not constitute any obligation of custody on the part of the railway company .