Regina v. Benge
Maidstone Crown Court
176 Eng. Rep. 665 (1865)
Relevant factsFree
Benge (defendant), a railroad repair foreman, misread the train schedule and ordered rails removed from a bridge shortly before a train was due. Following the usual safety practice, he sent a crew member with a flag to warn approaching trains, but the flagman went only about 540 yards down the track instead of the required 1,000 yards, and the train's conductor also failed to see the flag as soon as he should have. The train could not stop in time, crashed, and killed several passengers. The Crown charged Benge with manslaughter.
IssueFree
Whether a defendant is responsible for the consequences of his actions even when a third party could have prevented the harm and failed to do so.