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This section contains the nature of the case and procedural background.

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.

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