SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Templin
Webb v. McGowan
Citation:
27 Ala. App. 82 (1935)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Webb (plaintiff), an employee at W.T. Smith Lumber Company, was dropping large, pine blocks from the upper floor of the mill to the ground when he noticed J. Greely McGowin (defendant) standing where the block would be dropped. Knowing that the defendant would be seriously harmed, the plaintiff chose to fall with the block to divert its direction, and seriously injuring himself instead. Because he saved his life, the defendant agreed to care for the plaintiff by paying him $15 every two weeks for the rest of the plaintiff’s life. These payments were made from 1925 to 1934, when the defendant died. After making one more payment, the executors of the defendant’s estate ceased making payments. The plaintiff sued to recover his promised payments. The defendant’s estate demurred.
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.
3m 36s
