Facts
- 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
Issue
- Did the defendant cause the death of the occupant?
Decision
- Yes
Reasoning
- 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
