32841. Garratt v. Dailey Supreme Court of WA - 1955 Facts: In the backyard of P's home, D pulled a chair out form underneath P before she could sit in it. Erica Rivera Garratt v. Dailey Fact: Dailey pulled a chair out from under Garratt. Garratt v. Dailey. CitationGarratt v. Dailey, 46 Wn.2d 197, 279 P.2d 1091, 1955 Wash. LEXIS 458 (Wash. 1955) Brief Fact Summary. 46 Wash.2d 197, 279 P.2d 1091. Get Garratt v. Dailey, 279 P.2d 1091 (1955), Supreme Court of Washington, case facts, key issues, and holdings and reasonings online today. 9/28/2017 1 Garratt v. Dailey Briefing a case •Today, we will be looking at the Facts and Issue sections of a case brief for our first case, Garratt v.Dailey. Brian Dailey (age five years, nine months) was visiting with Naomi Garratt, an adult and a sister of the plaintiff, Ruth * * * The trial court * * * adopted * * * Brian Dailey's version of what happened, and made the following findings: Plaintiff brought suit for assault and battery against Defendant, a five year-old boy. P instituted an action in battery. Excerpt from Garratt v. Dailey, 279 P.2d 1091 (Wash. 1955) Brian Dailey (age five years, nine months) was visiting with Naomi Garratt, an adult and a sister of the plaintiff, Ruth Garratt, likewise an The liability of an infant for an alleged battery is presented to this court for the first time. The liability of an infant for an alleged battery is presented to this court for the first time. G stated it was an action of battery. RUTH GARRATT, Appellant, / v. / BRIAN DAILEY, a Minor, by George S. Dailey, his Guardian ad Litem, Respondent / Citation: 46 Wn.2d 197 (1955) / The liability of an infant for an GARRATT v. DAILEY Supreme Court of Washington (1955) HILL, Justice. Dailey (age five years, nine months) was visiting with Naomi Garratt, an adult and a sister of the plain-tiff, Ruth Garratt, likewise an adult, in the back yard of the plaintiff's home, on July 16, 1951. Written and curated by real attorneys at Quimbee. Brian *199 Dailey (age five years, nine months) was visiting with Naomi Garratt, an adult and a sister of the plaintiff, Ruth Garratt, likewise an adult, in the backyard of the plaintiff's home, on July 16, 1951. Issue: Is the Dailey liable for battery when he knows what would happen if he pulled the chair out from under Garratt? 46 Wash.2d 197, 279 P.2d 1091. 46 Wash.2d 197, 279 P.2d 1091. Brian Dailey (age five years, nine months) was visiting with Naomi Garratt, an adult and a sister of the plaintiff, Ruth 1 46 Wn.2d 197 2 279 P.2d 1091 3 Ruth GARRATT, Appellant, v. Brian DAILEY, a Minor, by George S. Dalley, his Guardian ad Litem, Respondent. H. ILL, J. USTICE. Garratt v. Dailey Supreme Court of Washington, 1955. Brian Dailey (age five years, nine months) was visiting with Naomi Garratt, an adult and a sister of the plaintiff, Ruth This is important to determine because the battery requires intent to injure. H ILL, J USTICE. G suffered a fractured hip and other injuries. The liability of an infant for an alleged battery is presented to this court for the first time. 4 No. •The examples in these slides are from Herbert Ramy, Succeeding in Law School (Durham: CAP, 2006) Facts •Remember, when writing a fact section, you should try to include only Garratt v. Dailey Supreme Court of Washington, 1955. Supreme Court of Washington, 1955. Brian Dailey (age five years, nine months) was visiting with Naomi Garratt, an adult and a sister of the The liability of an infant for an alleged battery is presented to this court for the first time. P fell and suffered a fractured hip and other serious injuries. The liability of an infant for an alleged battery is presented to this court for the first time. H ILL, J USTICE.