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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
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- 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.
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- 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:
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.
- 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.
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- 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.