Garratt v. Dailey

This is an action for damages resulting from an alleged battery perpetrated upon the plaintiff by the defendant, who was five years and nine months of age at the time of the occurrence. The judgment of the superior court of Pierce county in favor of the defendant, was reviewed by this court in Garratt v. Dailey, 46 Wn. (2d) 197, 279 P. (2d) 1091. Reference is hereby made to that opinion for the material facts found by the trial court and the applicable law, as enunciated by this court.

Upon remand for clarification on the issue of the defendant’s knowledge, the superior court reviewed the…