R v Pittwood

  • manslaughter
  • omission
  • failure in duty to act to save others from physical harm

R v Pittwood [1902] is a case in English criminal law as to omission, specifically the duty to act to save others from physical harm, finding an omission that amounted to manslaughter.[1][2]

Facts

Railway crossing keeper, Pittwood, failed in his duty (by contract owed to his employer) to close a level crossing gate, leading to the death of a wagon driver after a train crashed into his horse and cart.[2]

Judgment

He was found guilty of manslaughter.[3]

Mr Justice Wright ruled that depending on the facts, such as the contract in this case, there is a duty to act in the criminal law to save others from physical harm, including in the law of manslaughter.[2]

References

  1. ^ Halsbury's Laws of England, volume 25: "Circumstances", paragraph 6 (5th edition)
  2. ^ a b c Card, Cross and Jones: Criminal Law 16th Ed., Prof. Richard Card (ed.), Reed Elsevier (printed by CPI Bath, Bath, UK), 2004. at 2.10 (p. 60)
  3. ^ Hails, F. G. (June 1966). "Manslaughter". Police Journal. 39 (6): 306. doi:10.1177/0032258X6603900612.  – via HeinOnline (subscription required)