Webb v. Mcgowln

27 Ala. App. 82, 168 So. 196 (1935); Certiorari denied 232 Ala. 374, 168 So. 199 (1936)

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Nature of the Case

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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.