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Contracts Keyed to Ayres
Joe Webb v. N. Floyd and Joseph F. McGowin
Citation:
27 Ala.App. 82.Facts
The Appellant (Webb) was working in clearing the upper floor of a mill when he was dislodging a heavy block. As the Appellant had almost fully dislodged the block, he noticed that McGowin was standing below and the falling block would certainly kill him or severely injured him. Noting that the only way to redirect the block was to fall with the block, the Appellant chose to fall with the block, and severely injured himself and crippling himself for life, while saving McGowin’s life. In consideration for saving his life, McGowin promised to pay and care for Appellant for the remainder of his life, and did do so until McGowin died, upon which his estate stopped the payments. Appellant then sued the estate for continued payment.
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