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Contracts Keyed to Summers
Webb v. McGowin
Citation:
27 Ala. App. 82, 168 So. 196
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Joe Webb (plaintiff) worked for a lumber company. One day, Webb was clearing the upper floor of one of the company’s mills. To do so, Webb had to drop a seventy-five-pound pine block from the upper floor of the mill to the ground below. As Webb turned the block loose to drop it, he saw J. Greeley McGowin on the ground below standing directly under where the block was to fall. The only way to prevent McGowin from suffering seriously bodily harm or death was for Webb to hold the block and divert its direction. Webb did so and ended up badly crippled for life. In consideration for saving his life, McGowin agreed to care for and maintain Webb for the rest of Webb’s life at the rate of $15 every two weeks. McGowin made these payments until he died. McGowin’s estate (defendant) refused to continue the payments. Webb sued McGowin’s estate to recover the unpaid installments.
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