Acórdão nº 085137 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1994 (caso NULL)
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 07 de Julho de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA. AGRAVO.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART371 N1 ART372 N1 ART496 N3. CE54 ART40 N4 C N6. CPC67 ART661 N2.
Sumário : I - As declarações do pai do menor acidentado, prestadas no inquérito policial apenas concede firmeza ao facto de terem sido produzidas, mas sem assegurar a veracidade do seu conteúdo material - artigos 371, n. 1 e 372, n. 1 do Código Civil. II - Atento o conteúdo do artigo 40, n. 4 alínea c) e n. 6 do Código da Estrada de 1954, mal andaram as crianças - sinistrado e irmã - iniciando o atravessamento da rua sem ter em conta a distância e a velocidade do veículo que se aproximava; e mal andou o condutor deste, não tendo em conta esses dois peões que já se encontravam a atravessar a faixa de rodagem, para mais sendo muito jovens e, portanto, de reacções imponderáveis. III - Deste modo há que concluir pela concorrência de culpas na produção do acidente e na proporção metade para cada, sendo solução de equidade, dada a falta de balança...
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