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Garratt v. Dailey 279 P.2d 1091 (Wash. 1955)PARTIES: RUTH GARRATT, Appellant, v. BRIAN DAILEY, a Minor, by George S. Dailey,his Guardian ad Litem, Respondent.FACTS:The only one of the three persons present so testifying was Naomi Garratt. (Ruth While visiting the home of the plaintiff (Ruth Garratt) the defendant (Brian Dailey) moved a chair and sat down. The defendant was moving to sit down where the chair had previously been located and fell to the ground sustaining serious injury. The defendant testified that he had moved the chair and sat down. When he realized the plaintiff was moving to sit down where the chair had previously been, he attempted to move the chairback under the plaintiff. He was unable to move the chair quick enough to prevent the fall. The defendant establishes in his statement that he knew the plaintiff was going to sit in the chair. PRIOR PROCEEDINGS: Pierce County Superior Court (Washington) found in favor of the defendant (Dailey) in an action for battery and assault. Plaintiff (Garratt) appealed judgement to the Supreme