R v Pittwood [1902] 19 TLR 37

Court: Court of King's Bench

Facts: D, a railway crossing keeper, failed to close the gate when a train was coming, leading to V's death.

Held: D was held liable for manslaughter due to his failure to fulfill his contractual duty to act. The court held that the defendant's failure to close the gate, which he was contractually obligated to do, constituted the actus reus for manslaughter. Since his job was to protect the public and prevent accidents at the crossing, his omission, which breached this duty, was sufficient to ground criminal liability.

Key Judicial Statement: Wright J stated, "A man might incur criminal liability from a duty arising out of a contract...he had a clear duty to act in closing the gate."