Garratt v. Dailey

Garratt v. Dailey
46 Wash.2d 197, 279 P.2d 1091 (1955)

Facts: Defendant, a five year old boy named Brian Dailey, took a chair at a lawn party and sat in it. He then saw the plaintiff, Garratt, in the motion of sitting where the chair had been and attempted to return the chair (he failed because, well, he's five).

Procedure: Trial court dismissed the action.

Issue: Did Dailey commit battery?

Holding: Perhaps.

Reasoning: If Dailey knew that Garratt was going to sit where the chair had been, then it can be battery, but we don't know that because it wasn't established by the trial court. The case is remanded to determine that fact. (They erred in dismissing before determining that fact).