P was charged with manslaughter on the ground that he had been negligent in not closing a gate when a train passed which it was his duty to do with the result that White who was in a hay cart was killed while the cart was struck by the train which came when it was crossing the line. The Court held the prisoner liable as it was his duty to keep the gate shut to protect the public against an oncoming train. This act of misfeasance was held to constitute gross negligence in the discharge of his duty towards the public crossing the road, amounting to an offence of manslaughter.
Citations:
(1902) 19 TLR 37
Jurisdiction:
England and Wales
Crime
Updated: 07 July 2022; Ref: scu.638763