Case law

Gerberding v. Munro

134 Wash. 2d 188 · Washington Supreme Court · Jan 8, 1998

VII, § 2: “Every citizen of the United States who is a legal resident of the state and is a qualified elector therein, shall be qualified to hold any public office in the state except as otherwise provided in this Constitution … Term limits clearly promote this end.

Armstrong v. Armstrong

100 Wash. 270 · Washington Supreme Court · Feb 8, 1918

In the present case, the divorce decree, which established the grantor’s ownership of the property as his separate estate, likewise fixed the wife’s claim for alimony a continuing obligation which the divorced husband was … Both realized that the transfer, if effective, would accomplish the inevitable (and we believe the intended) result—secure the property for the use and enjoyment of the new relationship, with Armstrong immune from the alimony

In Re Wiltzius'estate

42 Wash. 2d 149 · Washington Supreme Court · Feb 27, 1953

In the Bottger case (p. 687), it was pointed out that a testator "does not have to be a literarian, a financial genius, an athlete, or an expert cook in order to qualify as possessing capacity to make a will." [3] The principle … that the findings of the trial court will not be disturbed unless the evidence preponderates against them, is too well established to require citation of authorities.

Pinecrest Homeowners Ass'n v. GLEN A. CLONINGER & ASS'N

87 P.3d 1176 · Washington Supreme Court · Apr 15, 2004

Proposals that qualify for the mixed use designation and incorporate mixed uses in a comprehensive site development should demonstrate compliance with the following concepts: 1. … stating that the resolution would "not take effect until the effective date of the ordinance that creates the zoning category referenced herein (new SMC 11.19.2405) and the effective date of the ordinance/resolution that establishes

State v. UTILITIES & TRANSP. COMM'N

93 Wash. 2d 398 · Washington Supreme Court · Apr 24, 1980

I FACTUAL BACKGROUND The State has no general immunity from liability in civil cases and is legally liable for its torts. RCW 4.92. … Thus the State clearly has not shown that the Public Service Revolving Fund finances the activity causing liability.

Inland Empire Distribution Systems, Inc. v. Utilities & Transportation Commission

112 Wash. 2d 278 · Washington Supreme Court · Apr 6, 1989

The APA establishes the scope of review of WUTC actions upon applications for motor carrier permits. See Northern Pac. Transp. Co. v. State Utils. & Transp. … We hold the WUTC findings are not clearly erroneous in view of the entire record.

State v. Wehinger

182 Wash. 360 · Washington Supreme Court · Jul 3, 1935

The fifth section establishes the minimum percentages necessary to be made by an applicant. … The words considered stricken by the trial court and disregarded were so clearly foreign to the basic science law and also to the chiropractic law that, besides being inadvertent, they were nothing more than a legal conclusion

State v. Spence

81 Wash. 2d 788 · Washington Supreme Court · Jan 18, 1973

The conduct whereof he was convicted was clearly prohibited and specifically charged. … Ct. 1670, 1674 (1972), defendant argued that the “immunity provided by the New Jersey statute is unconstitutionally vague because it immunizes a witness only against the use and derivative use of ‘responsive’ answers and

Tacoma & Eastern Lumber Co. v. Field & Co.

100 Wash. 79 · Washington Supreme Court · Feb 1, 1918

This testimony was intended to establish to what extent the lath failed to meet the standard. … They were not experts in this line; this was not a question of fact *90 upon which, they were specially qualified to speak. .

Standard Oil Co. v. Graves

94 Wash. 291 · Washington Supreme Court · Jan 13, 1917

Pie had established a local facility in Chicago for his own benefit and while, through its employment, the grain was there at rest, there was no reason why it should not be included with his other property within the state … We have quoted thus copiously from that opinion, because it seems to fully and clearly set forth the views of the court, and reviews the previous holdings. In General Oil Co. v. Crain, 209 U.

Board of Directors of Quincy Valley Irrigation District v. Scott

79 Wash. 434 · Washington Supreme Court · Apr 29, 1914

But while the petition may have been subject to a motion to make it more definite and certain for want of a more positive allegation in this regard, it is clearly sufficient as against a general demurrer. … The requirement is that the board of directors shall make the estimate, and when they in good faith make such an estimate, and their estimate is approved by the qualified electors of the district, all is done that is necessary

Afoa v. Port of Seattle

421 P.3d 903 · Washington Supreme Court · Jul 19, 2018

. ¶ 22 Principles of common law survive RCW 4.22.070, but there is no clearly established common law right to hold tortfeasors with a nondelegable duty vicariously liable for another entity's breach of the same duty. 9 It … RCW 4.22.070(1) ("except entities immune from liability to the claimant under Title 51 RCW"). Nonparty at Fault.

Parke v. City of Seattle

5 Wash. 1 · Washington Supreme Court · Oct 11, 1892

Joseph), as to show clearly that in deciding that case the court did not intend in any way to qualify the general rule theretofore established in the state, that for damages such as those in the case at bar the city was in … This rule may have been qualified by subsequent *31 decisions in that state.

Parkes v. Burkhart

101 Wash. 659 · Washington Supreme Court · Apr 29, 1918

The agreement is clearly one relating to real property, and since it cannot be proved, there is no way in which the breach or failure can be established. … The allowance of the claim is its establishment as a charge of indebtedness against the estate.

Vallandigham v. Clover Park School District No. 400

154 Wash. 2d 16 · Washington Supreme Court · Apr 7, 2005

Even an admission that the district recognized that injury would probably occur is not enough to establish knowledge of certain injury. … Each of these strategies was clearly intended to contain or *34 halt R.M.’s aggressive behavior.

King County v. Hanson Investment Co.

34 Wash. 2d 112 · Washington Supreme Court · Jul 11, 1949

deed, the record copy of which contains the following language: “The grantor herein Hanson Investment Company for the consideration of One & 00/100 Dollars and also of benefits to accrue to them by reason of laying out and establishing … If not virtually conceded, it is at least clearly deducible, from what does appear in this record, that the present action was instituted because of the circumstances, and for the reasons, above stated.

Adair v. Northern Pacific Railway Co.

64 Wash. 2d 539 · Washington Supreme Court · Jun 4, 1964

The trial court held the evidence failed to establish contributory negligence and entered judgment for the employee for the full amount of his damages. … In the instant case there is clearly ample evidentiary basis under the federal standard to support all facets of the jury verdict, including that of contributory negligence.

Eastlake Community Council v. Roanoke Associates, Inc.

82 Wash. 2d 475 · Washington Supreme Court · Dec 13, 1973

We then went on to explain that governmental immunity from estoppel is a derivative of the doctrine of sovereign immunity from suit without consent. … The legislature of this state has indicated that sovereign immunity in tort actions is no longer desirable or acceptable. RCW 4.92.090.

Brannan v. Department of Labor & Industries

104 Wash. 2d 55 · Washington Supreme Court · Jun 6, 1985

I am aware that I am not qualified to rate impairment, but that's just my opinion. It is not something I do on a regular basis. (Italics ours.) The category 3 lumbosacral impairment referred to by Dr. … Here, the Legislature clearly delegated authority to the Department to do just what it did, namely, adopt rules establishing a comprehensive system for rating unspecified permanent partial disabilities.

Columbia River Timber & Logging Co. v. Commissioners of Diking District No. 2

108 Wash. 148 · Washington Supreme Court · Aug 7, 1919

No appeal is taken by the plaintiff from that portion of the decree which adjudges the district to have been legally organized and the commissioners duly elected and qualified. … Milligan, 3 Wash. 144 , 28 Pac. 369 , as follows: “No principle of equity jurisprudence is better established than that courts of equity will not -sit in review of proceedings of subordinate political or municipal tribunals