Acórdão nº 0044981 de Court of Appeal of Lisbon (Portugal), 25 de Junho de 1991
| Magistrado Responsável | ZEFERINO FARIA |
| Data da Resolução | 25 de Junho de 1991 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART493 N2 ART503 N3 ART508.
Jurisprudência Nacional: ASS STJ DE 1979/11/21.
Sumário: I - Só pelo risco é definível a responsabilidade civil num caso em que ocorreu curto circuito na zona dos mecanismos de condução do carro eléctrico, seguido de explosão e incêndio com chamas, o autor e outra passageira se atiraram para a rua com o eléctrico em andamento, caindo e ferindo-se, e o guarda freios, que ficou com as mãos queimadas, saíu para a rua com o eléctrico ainda em andamento, mas já depois de o ter travado. II - Em tal contexto, está afastada a culpa do condutor do eléctrico e não está apurada a culpa da proprietária do veículo, designadamente que não o tivesse submetido às operações habituais...
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