WEBB V. McGOWlN
27 Ala. App. 82, 168 So. 196 (1935); Certiorari denied 232 Ala. 374,168 So. 199 (1936)
NATURE OF THE CASE: This was an appeal to recover on a promise to pay under an action in
assumpsit. This was an appeal by Webb (P) from a judgment of nonsuit at trial.
FACTS: The complaint as originally filed was amended. The demurrers to the complaint as
amended were sustained. Webb (P) was cleaning the floor of a mill. P was just releasing a
75-pound pine block to the floor below when he noticed that McGowin was standing directly
under where the block would have fallen. In order to save McGowin, P fell with the block,
and broke his arm and leg, and ripped his heel off. P was crippled for life. P was incapable
of either physical or mental work. McGowin promised to pay P $15 every two weeks for the
rest of P's life. McGowin followed through with the payments until his death about eight
years later. After McGowin 's death the payments stopped. P sued N. and J.F. McGowin (D),
the estate executors. D obtained a nonsuit against P. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment