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GARRATT v. DAILEY

No. 32841.

46 Wn.2d 197 (1955)

279 P.2d 1091

RUTH GARRATT, Appellant, v. BRIAN DAILEY, a Minor, by George S. Dailey, his Guardian ad Litem, Respondent.

The Supreme Court of Washington, Department Two.

February 14, 1955.

Attorney(s) appearing for the Case

Kennett, McCutcheon & Soderland and James P. Healy, for appellant.

Frederick J. Orth and Rode, Cook, Watkins & Orth, for respondent.

HILL, J.

The liability of an infant for an alleged battery is presented to this court for the first time. Brian 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. It is plaintiff's contention that she came out into the backyard to talk with Naomi and that, as she started to...

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