Case law

Norwegian Lutheran Church v. Wooster

176 Wash. 581 · Washington Supreme Court · Mar 9, 1934

, maintain and conduct seminaries, colleges, academies, schools, hospitals and other benevolent institutions; to establish, maintain and conduct home and foreign missions; to establish, maintain and conduct homes for orphans … work carried on *591 in connection therewith, if it can be segregated, is clearly entitled to exemption under the terms of the statute.

E. I. DuPont De Nemours & Co. v. Garrison

13 Wash. 2d 170 · Washington Supreme Court · Apr 6, 1942

But can that fund “be clearly traced and identified” through all its changes and transitions? … In each of the other two cases cited, it was held that corporate stock remained separate property even though it had substantially appreciated after marriage, but it was either conceded or clearly established that the stock

State v. Maxon

110 Wash. 2d 564 · Washington Supreme Court · Jun 2, 1988

privilege." 15 Accordingly, we retain the authority to establish a parent-child privilege if one is clearly warranted. … They also claim that a right of privacy which encompasses a parent-child privilege is a "well-established component of federal constitutional theory".

Gorre v. City of Tacoma

Washington Supreme Court · Aug 27, 2015

The legislature clearly drafted RCW 51.32.185(3) to restrict RCW 51.32.185(1)(c)'s cancer presumption, which "shall only apply to" the specific cancers it identifies. … To qualify for benefits, a claimant generally bears the burden of establishing causation between the workplace conditions and the disease.

Tarver v. City Commission of Bremerton

72 Wash. 2d 726 · Washington Supreme Court · Dec 14, 1967

Even though the city may establish standards for the licensing of taxicab drivers or for the revoking of such licenses, petitioner would urge this court to require a degree of definiteness and precision in the establishment … The discretion of the commissioner is qualified by his duty, and besides, as we have seen, the statute gives judicial review of his action.

Wilmot v. Kaiser Aluminum & Chemical Corp.

118 Wash. 2d 46 · Washington Supreme Court · Dec 12, 1991

In Baldwin we said that the plaintiff must establish the employer's articulated reason is pretextual. … Scott Wetzel Servs., Inc., 113 Wn.2d 665, 677 , 782 P.2d 203 (1989) establishes that an employer's conduct may fall outside the immunity afforded under the IIA.

Zech v. Bell

94 Wash. 344 · Washington Supreme Court · Jan 24, 1917

Evidence upon that question was received and the court, determining that such relations existed and that an accounting was necessary, ordered a reference and appointed a referee, and the referee thereupon qualified and proceeded … But his testimony that it customarily amounted in his business to a certain percentage does not establish a general custom to that effect, nor a particular custom of that trade, and without proof of a general trade custom

Davis v. Microsoft Corp.

149 Wash. 2d 521 · Washington Supreme Court · Jun 5, 2003

Davis failed to establish the second element of his prima facie case—that he was qualified to perform the essential functions of the job in question. … Microsoft stated very clearly its reason for not making a definitive determination whether a job would in fact accommodate Davis’s disability.

State Ex Rel. Quick-Ruben v. Verharen

969 P.2d 64 · Washington Supreme Court · Dec 24, 1998

Here, although the trial court's May 15, 1997 order did not rule on all five of the motions before it, the order clearly dismissed the case based on Quick-Ruben's lack of standing and premature filing. … Fiske, 48 Wash.2d 69, 72 , 290 P.2d 725 (1955) (a residence once established is presumed to continue, and the burden is upon him who asserts a change from a residence once it is established); Polk v.

State v. Smith

95 Wash. 271 · Washington Supreme Court · Mar 13, 1917

prejudiced, for this instruction- does not necessarily give the impression that there was evidence of other acts on the part of appellant besides the one charged in the information, because the words “if any” used therein clearly … show that the instruction was qualified and conditional and based on a possibility rather than a fact assumed. *276 Appellant’s present counsel was not in the case at the time it came to -trial, and it is now urged that

King County v. Central Puget Sound

14 P.3d 133 · Washington Supreme Court · Dec 14, 2000

To find an action "clearly erroneous," the Board must be "left with the firm and definite conviction that a mistake has been committed." Dep't of Ecology v. Pub. Util. … Therefore, the properties in this case do not qualify for "innovative zoning techniques."

League of Education Voters v. State

176 Wash. 2d 808 · Washington Supreme Court · Feb 28, 2013

They choose not to and, as is further explained below, were aware of other states’ constitutional provisions in existence at the time that more clearly establish a simple majority vote as á ceiling. … The History Surrounding Article II, Section 22 Shows That the Section Simply Establishes a Quorum Requirement ¶77 The majority opinion disregards historical evidence that clearly establishes that the framers intended to create

Young v. Konz

91 Wash. 2d 532 · Washington Supreme Court · Jan 5, 1979

Rptr. 632 (1974), cited and relied upon by the defendants, is clearly the minority position. … courts *541 as the legislature may establish.

In Re Utility Local Imp. Dist.

53 Wash. 2d 270 · Washington Supreme Court · Dec 18, 1958

hereinafter described as set forth in Resolution No. 2 adopted by the Board of Water Commissioners of the District on the 22nd day of October, 1952, which general comprehensive scheme or plan of water supply was ratified by the qualified … (Italics ours.) [1] It clearly appears that by stating the nature of the improvement as the word is defined in Webster's New International Dictionary, supra, it would be difficult for one reading the resolution to misconceive

Knight v. Borgan

52 Wash. 2d 219 · Washington Supreme Court · Apr 24, 1958

Hence, the opinion evidence of a qualified expert was admissible to assist the jury *228 in properly"- understanding the significance of the skid marks. … Respondent objected to the admission of this testimony on the grounds that the witness had not shown himself qualified to testify as an expert, and that the conditions under which the tests were made were “very clearly approximations

Department of Labor & Industries v. Lyons Enterprises, Inc.

185 Wash. 2d 721 · Washington Supreme Court · May 19, 2016

Any subordinates must be “qualified and competent,” and franchisees are responsible for training the subordinates. … And such employees shall be duly qualified and licensed to drive and over the age of 25 years.’ ” Id. (quoting lease).

Seattle Times Co. v. County of Benton

99 Wash. 2d 251 · Washington Supreme Court · Apr 7, 1983

Rev. 985 , 1038 n.278 (1975) (article favoring establishment of a nonintervention policy). … Abuse of discretion is shown only if the discretion has been exercised upon a ground, or to an extent, "clearly untenable or manifestly unreasonable." Friedlander v.

El Centro de la Raza v. State

428 P.3d 1143 · Washington Supreme Court · Oct 25, 2018

That last attribute renders charter schools at odds with an established core characteristic of our general education public school system-local accountability-and results in nonuniformity. … In stating that "the dissent would hold that all public schools must be identical to common schools in order to satisfy uniformity," lead opinion at 1150, the lead opinion clearly misreads the dissent.

State v. Wright

84 Wash. 2d 645 · Washington Supreme Court · Dec 12, 1974

The proviso clearly mandates that automobile driving be permitted. … Clearly the Ferguson case is distinguishable and not applicable.

MacKenzie v. State

32 Wash. 657 · Washington Supreme Court · Sep 18, 1903

In any event, her previous election and her subsequent ratification thereof by her conduct as aforesaid established such relation. … established for examination as preliminary to holding the certificates mentioned in the section quoted.