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Criminal Law Keyed to Kaplan
R. v. Benge
Citation:
44 F. & F. 504 (1865)Facts
Benge was a railway foreman in charge of repairing rails. He was provided a schedule of when trains would come to determine whether there was enough time to remove a certain part of the rails. Benge instructed his team to remove a part of the track without enough time before another train was scheduled to come. Additionally, the crewmember charged with signaling to the train, did not stand far enough away from the removed track, and the train driver was not paying enough attention and did not see the signal as early as he might have. Ultimately, there was an accident which caused many deaths.
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Topic Resources
Topic Refresher Course
Elements of a Crime: Causation