Acórdão nº 067277 de Supremo Tribunal de Justiça (Portugal), 21 de Novembro de 1978 (caso NULL)
| Magistrado Responsável | CORTE REAL |
| Data da Resolução | 21 de Novembro de 1978 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR COM - TRANSP MAR. DIR PROC CIV.
Legislação Nacional: CPC67 ART456 N2 ART722 N2 ART729 N2. CCIV66 ART405 ART572. CCJ62 ART51.
Jurisprudência Nacional: AC STJ DE 1971/10/15 IN BMJ N210 PAG116.
Sumário : I - Tendo as instâncias concluído que a avaria das bananas transportadas no navio fretado à Ré se ficou devendo a duas causas (excesso de frio que queimou parte delas e excesso de anidrido carbónico que apodreceu outra parte), o Supremo tem de aceitar tal conclusão por se tratar de matéria de facto. II - Não se provando que a lesada Autora tivesse deixado de fornecer ao comandante do navio as instruções que lhe competiam, ou que estas fossem deficientes ou erradas, não pode concluir-se por actuação...
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