Garratt v. Dailey
Garratt v. Dailey | |
---|---|
Guardian ad Litem , Respondent | |
Decided | February 14, 1955 |
Citation | 46 Wn.2d 197, 279 P.2d 1091 |
Court membership | |
Judges sitting | Matthew W. Hill, Edgar Ward Schwellenbach, Charles T. Donworth, Frank P. Weaver |
Case opinions | |
Decision by | Matthew W. Hill |
Garratt v. Dailey, 46 Wash. 2d 197, 279
Background
Brian Dailey, boy aged 5 years, 9 months, moved a lawn chair on which Ruth Garratt was going to sit down. When she did, she fell, sustaining injuries. Garratt brought an action against the child for battery.
The trial judge found in favor of Dailey stating, that there was no intent to harm the old lady. Garratt appealed to the Washington Supreme Court. The issue before the Court was whether a lack of intent to cause harm precludes a battery charge.
Ruling
Relying on the definition of battery from the
The Court, noting that a new trial was unnecessary,[4] remanded the case back to the trial court for clarification of the boy's knowledge at the time. Subsequently, the trial Court found in favor of Garratt and was affirmed by the state Supreme Court.[citation needed]
References
- )
- ISBN 9780314184900
- ISBN 9780735569232
- ^ Wade, John W. "Cases and Materials on Torts, 9th Edition." The Foundation Press, 1994. Page 9
External links
- Text of Garratt v. Dailey, 46 Wash. 2d 197, 279 P.2d 1091 (1955) is available from: CourtListener Google Scholar Leagle