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Contracts Keyed to Barnett
Webb v. McGowin
Citation:
Court of Appeals of Alabama, 27 Ala. App. 82, 168 So. 196 (1935)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
On August 3rd, 1925, Webb while in the employ of W.T. Smith Lumber Company, was clearing the upper floor of mill No. 2. While doing so, he was in the middle of dropping a point block from the upper floor of the mill (as customary), when he saw McGowin on the ground below. To prevent the block from landing on McGowin and causing him serious injury or death, Webb held the block and diverted its direction by falling with it. McGowin was not injured, but Webb received serious injuries. His right leg was broken, the heel of his right foot torn off, his right arm broken, and he was crippled for life. On September 1st, 1925, in consideration of Webb preventing McGowin from sustaining serious bodily injury or death, McGowin agreed to care for Webb for the rest of his life at the rate of $15 every two weeks. McGowin paid the sum until his death on January 1st, 1934. After his death payments were continued until January 27th, 1934. Webb sued McGowin’s estate to recover the unpaid installments.
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