Garratt v. Dailey

Facts

In July, 1951, Naomi Garrett, visited her sister, Ruth Garrett, the plaintiff. Also visiting the home at the time was five year old Brian Dailey, the defendant.

The plaintiff alleged that she came out into the backyard to talk with her sister, and that when she was about to sit down in a lawn chair, the defendant deliberately moved the chair away from her. The plaintiff fell to the ground and received a fracture of her hip and other serious injuries.

Plaintiff sued the boy for assault and battery.

The defendant alleged that he moved the chair when he discovered the plaintiff about to sit down at the place where the lawn chair had formerly been, at which time he nearly got up from the chair and attempted to move it toward the plaintiffs to aid her in sitting down in the chair, but due to defendant’s small size and lack of dexterity, he was unable to get the lawn chair under plaintiff in time.

The trial court accepted the defendant’s version of the events and entered a judgment in favor of the defendant. The trial court found that the defendant “did not have any wilful or unlawful purpose in doing so; that he did not have any intent to injure the plaintiff, or any intent to bring about any unauthorized or offensive contact with her person or any objects appurtenant thereto; that the circumstances which immediately preceded the fall of the plaintiff established that the defendant, Brian Dailey, did not have purpose, intent or design to perform a prank or to effect an assault and battery upon the person of the plaintiff.” County in Washington State found in favor of the defendant in an action for assault and battery. 

Plaintiff now appeals.