R v Pittwood

R v Pittwood
Court	Crown Court / Assizes
Full case name	Regina v. Pittwood
Citation	[1902] TLR 37
Court membership
Judge sitting	Jury trial presided by Mr Justice Wright
Case opinions
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.
Keywords
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. 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)