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BENJAMIN v. RANDELL

No. 33-40228-1.

2 Wn. App. 50 (1970)

467 P.2d 196

ROBERT BENJAMIN, Respondent, v. TIM RANDELL, Appellant.

The Court of Appeals of Washington, Division One, Panel 1.

February 16, 1970.

Attorney(s) appearing for the Case

Skeel, McKelvy, Henke, Evenson & Betts and Frederick V. Betts, for appellant.

Millhouse & Nelle and Richard A. Nelle, for respondent.

JAMES, C.J.

This is an appeal from an order granting a new trial limited to the issue of damages.

Fifteen-year-old Robert Benjamin was injured when struck by a surveyor's pole thrown by 15-year-old Tim Randell. The pole, 1 inch in diameter and 7 1/2 feet long, with a metal tip on one end, was found by one of four boys who were walking home from school together. Their route was along a 1-lane gravel road paralleling the shore of Puget Sound near Blaine.

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