Acórdão nº 0409334 de Court of Appeal of Porto (Portugal), 08 de Janeiro de 1991
Magistrado Responsável | ABEL SARAIVA |
Data da Resolução | 08 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART508 N3 ART563 ART570. DL 39780 ART43 N1 N4.
Jurisprudência Nacional: AC STJ DE 1986/05/13 IN BMJ N357 PAG399. AC STJ DE 1987/10/06 IN BMJ N370 PAG510.
Sumário: I - As regras sobre acidentes de viação são aplicáveis aos acidentes ferroviários. II - É ilícita, porque conscientemente negligente e, portanto, censurável, a conduta do funcionário da C. P. - Companhia dos Caminhos de Ferro Portugueses, E. P. - que dá o sinal de partida a um comboio, embora tivesse percepcionado que os passageiros de outro, momentaneamente avariado, tentassem precipitadamente subir para aquele, demais fora dito aos mesmos passageiros para mudarem de transporte. III - A eclosão do evento também ficou a dever-se à conduta do autor que subiu para o comboio em andamento quando isso lhe era interdito. IV - Mas, o facto de ter sido dada a indicação ao maquinista para iniciar a marcha e esta se ter iniciado, com a posterior tentativa de subida do autor para a composição, não afasta para aquele comportamento do ferroviário o nexo de causalidade em relação ao evento, pois " o acto de terceiro ou do próprio lesado, causadores imediatos do dano, podem ser ainda...
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