Acórdão nº 066774 de Supremo Tribunal de Justiça (Portugal), 02 de Novembro de 1977
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 02 de Novembro de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: BMJ N202 PAG193.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART369 N1 ART371 ART505. CADM40 ART137 N3. CE54 ART8 N1. CPC67 ART650 N2 F ART664 ART722 N2 ART729 N3.
Sumário : I - A faculdade conferida ao S.T.J. pelo n. 3 do artigo 729 do C.P.C., de ordenar a ampliação da matéria de facto, pressupõe que as instâncias tenham omitido o seu conhecimento e não que tenham errado a respectiva apreciação. II - No entanto, não é de ordenar a indagação da existência de qualquer sinal de prioridade a favor dos condutores por onde circulava o Autor, para além do "Stop", desde que tal facto não tenha sido articulado - artigo 650, n. 2, alínea f) e artigo 664, ambos do C.P.C. III - Uma vez não provada a existência do sinal "Stop" na Avenida por onde circulava a Ré, esta tinha a prioridade de passagem, dado se apresentar pela direita em relação ao Autor, ter abrandado a velocidade e quase parado, tendo este infringido o disposto no artigo 8, n. 1 do Código da Estrada, assim ficando provada a culpa do Autor. IV - A...
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