The case of R v Pittwood came about in 1902. The details are that the defendant, a person employed by a railway company to man a gate at a level crossing on a busy rail line,
The defendant which was a rail company employee lifted the level crossing gate to allow a cart to pass over the railway line, He then went off to lunch and failed to put it back down.
Later that day a train collided with a horse and cart and as a result the train driver was killed. As it was the railway workers contractual duty to man the gate, he was liable for the death of the train driver