Contracts Keyed to Dawson
Webb v. McGowin
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Webb (P), acting within the scope of his employment, was engaged in clearing the upper floor of a mill. P was in the act of dropping a 75-pound block to the ground below when he saw McGowin directly underneath the block. If P had dropped the block, McGowin would have suffered serious bodily harm or death. P could have remained safe on the upper floor of the mill by dropping the block. However, the only way to prevent the block from hitting McGowin was for P to fall with the block and divert its direction. P fell with the block and diverted its direction in such a way the McGowin was not injured. In doing so, P suffered seriously bodily injuries. P was badly crippled for life and unable to do physical or mental labor. McGowin promised to pay P $15 every two weeks for the rest of P's life. McGowin followed through with the payments until his death eight years later. After McGowin's death the payments stopped. P sued McGowin’s estate (D). D obtained a nonsuit. P appealed.
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