Webb v. McGowin

Facts

Plaintiff and defendant were employed by W.T. Smith Lumber Company. On August 3, 1925, plaintiff was acting within the scope of his employment by clearing the upper floor of a mill for the company. He was in the act of dropping a pine block (which weighed about seventy-five pounds) from the upper floor of the mill to the ground below. As plaintiff loosed the block, he saw his co-worker, defendant, standing directly below where the block was set to fall. To avoid the block hitting defendant, plaintiff held onto it as it fell to divert its direction. By doing so, plaintiff saved defendant from severe bodily injury or death; however, plaintiff suffered severe injuries and became incapable of performing physical or mental labor. Defendant recognized that plaintiff saved his life, and agreed to take care of him by compensating him $15 every two weeks from the time he sustained the injuries and during the remainder of the plaintiff’s life. The defendant subsequently died, and the executors of his estate refused to continue the payments.