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R v Pittwood (1902)


  • The defendant was under a contractual obligation to open and close level crossing gates at specified times
  • He negligently failed to close the gate, resulting in the death of a horse and its cart occupant


  • Did the defendant cause the death of the occupant?


  • Yes


  • The defendant was under a duty to open the gate, which was breached
  • As a direct result of the breach, the presence of the occupant was allowed, and therefore his death
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