Contracts Keyed to Farnsworth
Webb v. McGowin
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
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.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
12m 9s