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]
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]
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]