Webb v. McGowin Alabama Court of Appeals 1935 1) Facts a) Webb (P), acting within the scope of his employment, was engaged in clearing the upper floor of a mill. b) P was in the act of dropping a 75-pound block to the ground below when he saw McGowin directly underneath the block. c) If P had dropped the block, McGowin would have suffered serious bodily harm or death. d) P could have remained safe on the upper floor of the mill by dropping the block. e) However, the only way to prevent the block from hitting McGowin was for P to fall with the block and divert its direction. f) P fell with the block and diverted its direction in such a way the McGowin was not injured. In doing so, P suffered seriously bodily injuries. g) P was badly crippled for life and unable to do physical or mental labor. h) McGowin promised to pay P $15 every two weeks for the rest of P’s life. i) McGowin followed through with the payments until his death eight years later. j) After McGowin’s death the payments stopped. P sued McGowin’s estate (D). k) D obtained a nonsuit. P appealed. 2) History a) Defendant filed a non suit and won b) Plaintiff appeals non suit 3) Issues a) There was a material benefit to McGowin to pay for the care i) By having his life saved, there was a moral obligation which he expressly agreed to b) A moral obligation is sufficient consideration to support a subsequent promise to pay where the promisor has received a material benefit c) The promise to pay was an affirmance of the services rendered to him d) Benefit to the promisor or injury to the promisee is a sufficient legal consideration for the promisor to pay e) The services were not gratuitous f) The SOF does not apply or void the contract 4) Judgment: Reversed and remanded