Case law

Franks & Son, Inc. v. State

136 Wash. 2d 737 · Washington Supreme Court · Nov 12, 1998

The request was based on Plaintiffs’ claim that, should they ultimately prevail on the merits, the State might assert an immunity defense to any refund claim. … Clearly, regulation of these and other carriers was a proper exercise of the State’s police power.

Wild Fish Conservancy v. Dep't of Fish & Wildlife

Washington Supreme Court · Jan 13, 2022

The WFC asks us to find that WDFW clearly erred by not establishing a “no action” or “no operations” scenario as its environmental baseline. … The discovery of one fish with sea lice does not refute WDFW’s findings based on scientific data nor does it establish the agency’s conclusion was clearly erroneous.

Gardner v. Loomis Armored Inc.

913 P.2d 377 · Washington Supreme Court · Apr 4, 1996

Prior judicial decisions may also establish the relevant public policy. … Determining what qualifies as a clear mandate of public policy is a question of law. Dicomes, 113 Wash.2d at 617 , 782 P.2d 1002 .

Dryden Commercial Club v. Department of Public Works

142 Wash. 317 · Washington Supreme Court · Feb 10, 1927

Ordinarily, a railway company may be expected through self interest to establish and maintain them at any point where the proper circumstances combine to make such action profitable. … These observations make it apparent that only a consideration of all the evidence by a tribunal qualified through experience to determine these questions can properly protect the interests of the public as well as the railroad

Prince v. Saginaw Logging Co.

197 Wash. 4 · Washington Supreme Court · Nov 18, 1938

immunity from the possible result of an imaginable action. … The rule is clearly and comprehensively stated in Isham v.

State ex rel. Railroad Commission v. Great Northern Railway Co.

68 Wash. 257 · Washington Supreme Court · Apr 15, 1912

All doubts as to the propriety of means or methods used in the exercise of a power clearly conferred should be resolved in favor of the action of the commissioners in the interest of the administration of the law. … That would, be to reward with immunity inexcusable delay, place a premium on procrastination, and compel the commission to sue on the heels of every order.

State v. Rich

Washington Supreme Court · Jan 7, 2016

Rich cites Justice Scalia's concurrence in that case, which concluded that drunk driving does not clearly present a serious risk of injury to another within the statute's meaning. ! … The record clearly reveals more than proof of only DUI or only speeding. Evidence also showed that Rich knew that the legal blood alcohol limit in Washington is 0.08. 2 RP at 194.

State v. Yates

168 P.3d 359 · Washington Supreme Court · Sep 27, 2007

Thus, even if Yates could establish that the trial court erroneously denied his motions to excuse these four jurors for cause, he would be unable to establish a constitutional violation. c. … Yates argues, first, that Everson's practical experience was insufficient to qualify her as an expert.

State v. Hughes

106 Wash. 2d 176 · Washington Supreme Court · Jun 19, 1986

The logical converse of the proposition that death-qualified jurors are conviction prone is that non-death-qualified jurors are acquittal prone, not that they are neutral. … The defense commented on this as an example of what it claimed was the detective's inability to think clearly after the shooting. We perceive no prejudice to the defendant in this.

State v. Elliott

68 Wash. 603 · Washington Supreme Court · Jun 1, 1912

e let the machine go upon the strength of his faith in the securities, but as often qualified his testimony by saying that it was also upon his faith in the identity of the party. … The gist of the offense lies in establishing the name, and the pretenses and tokens used to establish credit for the name are *607 but incidents.

Peralta v. State

Washington Supreme Court · Feb 16, 2017

Otherwise, her admission to being under the influence was conclusively established unless she moved to amend or withdraw her admission. Peralta neither qualified nor moved to withdraw or amend her admission. A. … true and qualify or deny the remainder."

State v. Smith

85 Wash. 2d 840 · Washington Supreme Court · Sep 25, 1975

The chief question in establishing a foundation for the tape relates to authenticity and accuracy. We believe the tape’s authenticity was sufficiently established. … We conclude that the authenticity of the tape was established, that the tape was properly qualified, and was admissible.

Arnold v. Department of Retirement Systems

128 Wash. 2d 765 · Washington Supreme Court · Mar 7, 1996

I, § 12, the privileges and immunities clause; and the due process clauses of the federal constitution contained in the Fifth and Fourteenth Amendments. DRS moved for dismissal of Ms. … The Legislature may establish the class of beneficiaries for a statutory death or survivor-ship benefit, notwithstanding community property principles.

Washington Trust Co. v. Keyes

79 Wash. 61 · Washington Supreme Court · Mar 28, 1914

agreement asserted would have absolutely annulled the note at its inception, and, in each, the effort was made to defeat payment of the note by proof of a collateral, parol agreement, either relieving the maker from or qualifying … Being admissible, parol proof of its original contents, with an explanation of its accidental mutilation, would have been clearly admissible as between those parties.

MacVeigh v. Division of Unemployment Compensation

19 Wash. 2d 383 · Washington Supreme Court · Nov 5, 1943

No proof of service thereof was ever filed, and the record clearly establishes that no service of the notice was ever made or attempted to be made. … The district court, in a per curiam opinion, said: “It would have, perhaps, been more seemly had the Attorney General challenged the jurisdiction of the court at the threshhold; but the immunity of the state from suit can

Tacoma Railway & Power Co. v. City of Tacoma

79 Wash. 508 · Washington Supreme Court · May 7, 1914

C. 77 § 83]) : “To lay out, establish, open, ... or otherwise improve streets, alleys, avenues, . . . and to regulate and control the use thereof, and to vacate the same, and to authorize or prohibit the use of electricity … The authority to declare the forfeiture is so clearly expressed as to remove the question from the sphere of debate.

State v. Winterstein

220 P.3d 1226 · Washington Supreme Court · Dec 3, 2009

It differs from its federal counterpart in that article I, section 7 "clearly recognizes an individual's right to privacy with no express limitations." State v. White, 97 Wash.2d 92, 110 , 640 P.2d 1061 (1982). … When evidence is obtained in violation of the defendant's constitutional immunity from unreasonable searches and seizures, there is no need to balance the particular circumstances and interests involved.

Cummins v. King County

72 Wash. 2d 624 · Washington Supreme Court · Nov 30, 1967

The grade of the street was established with a fill of about 14 feet, but because the two lanes used only a portion of the 60 feet, the sloping shoulders were within the right of way. … The learned trial judge, in the instant case, concluded that in applying the foregoing principles and in considering the “well-established rule of grammar, . . . that a qualifying and limiting phrase relates only to the last

Schibel v. Eymann

Washington Supreme Court · Aug 3, 2017

Under traditional collateral estoppel analysis, as applied to the facts in this case, the answer is clearly no. … And the answer to that question is clearly no. 11 Schibel et ex. v. Eymann et al.

State v. Haislip

77 Wash. 2d 838 · Washington Supreme Court · Apr 9, 1970

On its face it has everything required in order to qualify as a “written instrument” within the meaning of the forgery statute. … each other and consistent with the hypothesis that the accused is guilty, but also must be inconsistent with any reasonable hypothesis or theory which would establish, or tend to establish, his innocence.