Logourl black
From our private database of 13,800+ case briefs...

Webb v. McGowin

Court of Appeals of Alabama
168 So. 196 (1935)

Webb v. McGowin

Facts

Joe Webb (plaintiff) and J. Greeley McGowin were both employed at a lumber mill. On August 3, 1925, Webb was dropping large, pine blocks from the upper floor of the mill to the ground. This was the usual and ordinary method of clearing the mill floor. Just as Webb was about to drop a block, he saw McGowin on the floor below and knew that if the block dropped, it could seriously harm McGowin. Webb chose to fall with the block and thus divert it from striking McGowin. In doing so, however, Webb suffered serious bodily harm that left him unable to perform physical labor for the rest of his life. McGowin recognized that Webb saved his life and agreed to pay Webb $15 every two weeks to sustain him since he could not work. McGowin paid these payments until his death, at which point the executors of his estate, N. Floyd McGowin and Joseph F. McGowin (defendants), refused to continue making payments to Webb. Webb brought suit to recover the unpaid installments accruing from the time payments stopped to the time of the suit. The McGowins demurred. The trial court entered a judgment of nonsuit against Webb. Webb appealed to the Alabama Court of Appeals.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Bricken, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence (Samford, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 171,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.