This is a presentation on tort law.

1. Garratt v. Dailey
By Ian Negri

2. Case summary
5 year old Brian Dailey the defendant, was visiting Naomi Garratt the
plaintiff while at her sister’s house. Naomi had went out to talk to her
sister and then Brian had pulled out a chair out from underneath
Naomi, resulting injury to Naomi.
https://law.justia.com/cases/washington/supreme-
court/1955/32841-1.html

3. Plaintiff’s Argument
Plaintiff had said that she had went outback to sit down and talk with
her sister. But right as she went to sit down the defendant had
deliberately pulled the chair out from underneath her.

4. Defendant’s Argument
The defendant had argued that he was trying to move the chair to
help her sit down in the chair. Due to his small size he was not able to
move the chair in time.

5. Plaintiff’s Precedent
In a case Paul v. Hummel, the plaintiff had sued the defendant age
11 and his father for damages for 2,000 dollars for her son age of 6.
The defendant showed negligence and couldn't control their anger
enough. Resulting in injury to the plaintiff’s son.
https://www.ravellaw.com/opinions/c6905233b5f0ca2a4aecbe2c4

6. Defendant’s Precedent
In Huchting v. Engel the defendant who was brought to the court for
destroying shrubbery. But was “of such tender years that a law suit
could not be held against him.” Considering the defendant was a litt
more than six years old.
https://books.google.com/books?id=6nYaAAAAYAAJ&pg=PA375&lpg=PA375&dq=Huchting+
v.+Engel&source=bl&ots=syjbgZHMmA&sig=GyBV_T1Ft14aaHRNvoyOpvz2D9g&hl=en&sa=
X&ved=0ahUKEwjGt6ifrInXAhXG6oMKHR3PAI0Q6AEIJTAA#v=onepage&q=Huchting%20v.
%20Engel&f=false

7. Conclusion
What are your thoughts?

8. Final Ruling
The Superior Court for Pierce County found in favor of defendant in
an action for assault and battery and Plaintiff appealed.