Confirm favorite deletion?
Contracts Keyed to Burton
Webb v. McGowin
Citation:27 Ala. App. 82, 168 So. 196
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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. Review the Facts of this case here:
Webb (plaintiff) worked for a lumber company and had to clear the upper floor of one of the company’s mills. To clear the floor, Webb had to drop a pine block that weighed about seventy-five pounds from the upper floor of the mill to the ground below. As Webb started to turn the block loose, he saw J. Greeley McGowin below. If Webb had turned the block loose, then it would have struck McGowin with such force as to seriously harm or kill him. So, Webb held the block and diverted its direction so as not to come into contact with McGowin. In doing so, Webb himself received serious bodily injuries that badly crippled him for life. McGowin agreed to take care of Webb at the rate of $15 every two weeks for the remainder of Webb’s life. McGowin made the payments. After McGowin died, the payments stopped. Webb sued McGowin’s executor (defendant) to recover the unpaid installments.
- 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.