People v. Beardsley Supreme Court 1907 Facts: Rules: Rules for omission o The omission of a duty owed by one individual to another, where such omission results in the death of the one to whom the duty is owing, will make the other chargeable with manslaughter. o “If a person who sustains to another the legal relation of protector, as husband to wife, parent to child, master to seaman, etc., knowing such a person to be in peril of life, willfully or negligently fails to make such reasonable and proper efforts to rescue him as he might have done without jeopardizing his own life or the lives of other, he is guilty of manslaughter at least, if by reason of his omission of duty the dependent person dies.” o “In the absence of such obligations, it is undoubtedly the moral duty of every person to extend the other assistance when in danger and if such efforts should be omitted by any one, he would draw upon himself the just censure and reproach of good men…this is the only punishment. Issues: What constitutes a legal relation of protector?
Reasoning: Because the relationship between the (D) and Ms. Burns was not a legal one, (D) faces no criminal charges of omission. There was no marital relationship between the two therefore there was no legal contract There are five situations where a person can be held criminally liable for breach of legal duty: 1. where a statute imposes a duty 2. where one stand in certain status of a relationship to another 3. where one assumed a contractual duty to care for another 4. where one has voluntarily assumed the care of another an so secluded the helpless person as to prevent others from rendering aid 5. when a person creates a risk situation or harm to another and does not help them