Case law

Wright v. J. F. Duthie & Co.

118 Wash. 564 · Washington Supreme Court · Feb 4, 1922

But the case was clearly one of lost profits on the whole contract. That was the theory on which it was tried. … And further, that, if they find for the respondent, they should allow such an amount “as in your opinion will fairly and justly compensate him for the damages, if any, which has been established by the evidence because of

Jacobsen v. City of Seattle

98 Wash. 2d 668 · Washington Supreme Court · Feb 3, 1983

The police department determines what qualifies as a rock concert at which the search procedures will be in effect. … While the trial court stated in its memorandum opinion "[t]he record clearly establishes a serious problem and a legitimate basis for the City's concerns", the situations at a rock concert are not comparable to the dangers

In Re the Disciplinary Proceeding Against Salvesen

94 Wash. 2d 73 · Washington Supreme Court · Jul 24, 1980

Although he considered those withdrawals to be fees for legal services, he did not maintain sufficient records to establish that fact. … V CONFUSION CAUSED BY KUMBERA The majority apparently concludes the Disciplinary Board qualified its recommendation of disbarment. I disagree. A 7-to-1 vote for disbarment is not qualified in any way!

King v. Hardison-Miller

28 Wash. 2d 921 · Washington Supreme Court · Sep 18, 1947

Miller qualified and has been acting as such guardian at all times since. … Stat. 1504) cannot operate to immunize the particular transfers here in *946 question against attack at this time and in this manner. . . .

City of Hoquiam v. Public Employment Relations Commission

97 Wash. 2d 481 · Washington Supreme Court · Jun 10, 1982

The Executive Conflict of Interest Act was enacted in 1969 to establish specific rules to cover conflict of interest situations involving state executive employees. … an important and obvious source of commissioners for PERC and other similar boards, agencies and commissions. *490 The result of our accepting the City's assertion would be to cut off an important pool from which to draw qualified

Olson v. King County

71 Wash. 2d 279 · Washington Supreme Court · May 25, 1967

The immunity is now gone in this state; and in this particular case the claims were timely filed. … In such cases, the recovery should not be limited to the specific dollar amount stated in the claim, if the evidence establishes dollar damage in excess of that amount. In Wagner v.

Habich v. Habich

44 Wash. 2d 195 · Washington Supreme Court · Feb 8, 1954

The children have become well established in respondent’s home, where, except for visits with appellant; they have lived since September, 1951. They seem to be happy where they are. … And as to what is an age of discretion in this regard (note the qualifying words), the authorities hold that the test is whether the child is sufficiently mature to have intelligent views and wishes on the subject.

Brown v. Giger

111 Wash. 2d 76 · Washington Supreme Court · Jul 14, 1988

However, a borrower's acquiescence in a scheme to avoid the usury law does not make the transaction qualify for the exemption in RCW 19.52.080. Darwin , at 927-28. This makes sense. … On the contrary, it clearly was his business to find out whether Giger was to receive profit from this venture.

State v. Quaale

182 Wash. 2d 191 · Washington Supreme Court · Dec 18, 2014

Some areas, however, are clearly inappropriate for opinion testimony in criminal trials, including personal opinions, particularly expressions of personal belief, as to the defendant’s guilt, the intent of the accused, or … As has been explained, the HGN test can indicate the presence of alcohol in a suspect but it cannot establish impairment.

State v. Miller

164 Wash. 441 · Washington Supreme Court · Sep 11, 1931

We are satisfied that the-state did establish premeditation. … The real charge against the appellant was the killing; the rape was an incident qualifying the homicide as murder in the first degree.” State v. Whitfield, 129 Wash. 134 , 224 Pac. 559 . See, also, State v.

Riddell v. Brown

25 Wash. 514 · Washington Supreme Court · Jul 13, 1901

Where the evidence is conflicting, — as it is in this case, —it has been the rule of this court not to disturb the findings of the lower court, unless the weight' of the evidence is clearly against such findings. … If plaintiffs ever had any right to these lands, their failure to establish possession and occupation at the time defendant took possession defeated their right to restrain defendant’s possession.

Robertson v. Club Ephrata

48 Wash. 2d 285 · Washington Supreme Court · Feb 9, 1956

Clearly, the ambiguity may be explained by parol evidence. State Bank of Wilbur v. Phillips, 11 Wn. (2d) 483, 119 P. (2d) 664 (1941). In Taylor v. … It is apparent, from a careful study of this portion of the record, that counsel’s statement was ambiguous, qualified, and subject to misconstruction.

State v. Faford

128 Wash. 2d 476 · Washington Supreme Court · Feb 1, 1996

. *483 Nowhere does the statute imply a radio interception demands a second conveyance to qualify as a transmission. … Whether a conversation qualifies as private is a question of fact determined by the intent or reasonable expectations of the parties. Kadoranian, 119 Wn.2d at 190 .

Logan v. New York Life Insurance

107 Wash. 253 · Washington Supreme Court · May 31, 1919

Upon the trial of the case, four doctors qualified as experts and testified, in substance, that this disease was of slow growth, running over months or years, and that symptoms of the disease were such as the insured had … These undisputed facts establish such a breach of the contract as to relieve appellant of liability.” In Yount v. Prudential Life Ins. Co. (Mo. App.), 179 S.

State v. Kirkman

155 P.3d 125 · Washington Supreme Court · Apr 5, 2007

Stirling's testimony as "clearly" an improper opinion implying Kirkman's guilt. Dr. Stirling was not "clearly" commenting on A.D.' … After establishing that there was no physical evidence of sexual contact, the State asked Dr.

State v. Morley

134 Wash. 2d 588 · Washington Supreme Court · Mar 12, 1998

We find Defendants' courts-martial qualify as convictions under the SRA. … Both Defendants have failed to establish the facial invalidity of their courts-martial.

Potts v. Fortune

80 Wash. 302 · Washington Supreme Court · Jun 30, 1914

After pointing out that a master would not ordinarily be justified in assuming that a person who seeks a position is qualified to fill it, he says: “It is therefore well established that, where the service in which the servant … On cross-examination, it clearly developed that, if the respondent spoke of this matter more than once to the appellant, all save the first instance were after the respondent’s injury.

In re Keenan

Washington Supreme Court · Feb 10, 2022

It then defines “independence” as “a judge’s freedom from influence or controls other than those established by law.” Id. … In contrast, a judge can now clearly use judicial letterhead to provide a recommendation letter. Rule 1.3 cmt. 2; EAO 86-12, 87-10, 88-05.

State Ex Rel. McFerran v. Justice Court of Evangeline Starr

32 Wash. 2d 544 · Washington Supreme Court · Feb 11, 1949

This is an appeal from an order made and entered by the superior court for King county, prohibiting Evangeline Starr, a duly elected, qualified, and acting justice of the peace for Seattle precinct, King county, Washington … “The legislature shall prescribe by law the jurisdiction and powers of any of the inferior courts which may be established in pursuance of this constitution.” Washington constitution, Art. IV, § 12.

State v. Thomas

166 Wash. 2d 380 · Washington Supreme Court · Jun 11, 2009

The prosecution characterized this exchange as being “clearly hostile toward the State.” 7RP at 120. The trial court denied Thomas’ challenge to the removal of the juror under Batson v. … that “ ‘a consistent pattern of official racial discrimination’ is not ‘a necessary predicate to a violation of the Equal Protection Clause,’ ” and that “ ‘[a] single invidiously discriminatory governmental act’ is not ‘immunized