Acórdão nº 064112 de Supremo Tribunal de Justiça (Portugal), 26 de Janeiro de 1973
Data | 26 Janeiro 1973 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CE54 ART5 N3 ART56 N1 ART68. CCIV66 ART12 ART502 N3. CCIV867 ART2394.
Sumário : I - O acidente causado por animal que ocupe a via publica em razão de ser nela conduzido, de nela se encontrar parado ou de nela surgir por falta de vigilancia e enquadravel no artigo 56, n. 1, do Codigo da Estrada, correspondendo a respectiva acção de indemnização o processo do artigo 68 do mesmo Codigo. II - A colisão de um automovel, na via publica onde este circulava, com um poldro que na mesma surgiu inesperadamente, vindo de um campo marginal por o respectivo guardador, eguariço descuidado a quem o dono o confiara, não o ter colocado em condições de não se deslocar para a estrada e nesta produzir acidentes, e imputavel, a titulo de culpa, aquele guardador e ao dono do animal que assim deram causa a que o poldro se deslocasse na estrada fora das condições previstas no artigo 5, n. 3, do...
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