Case law

Simons v. Stokely Foods, Inc.

35 Wash. 2d 920 · Washington Supreme Court · Mar 21, 1950

The defendant, Stokely Foods, Inc., is a corporation organized pursuant to the laws of the state of Delaware, and for some years has been qualified to transact business within the state of Washington. … Custom is not established by a single act and may not be established by one or several repetitions of the same act; but in order to establish a custom the practice must have been so uniform and repeated so many times and

Mikkelsen v. Pub. Util. Dist. No. 1 of Kittitas County

Washington Supreme Court · Oct 19, 2017

The replacement element is not essential to establishing a prima facie case of discrimination under McDonnell Douglas To establish a prima facie case of discrimination, Washington courts have held that plaintiffs … No. 1 ofKittitas County, No. 93731-1 implied contract created by the corrective action policy and that he is immune under several statutory provisions. See RCW 4.24.470; RCW 54.12.110.

State v. Sims

171 Wash. 2d 436 · Washington Supreme Court · May 5, 2011

While RAP 2.4(a) does not limit the scope of argument a respondent may make, it qualifies any relief sought by the respondent beyond affirmation of the lower court. See In re Arbitration of Doyle, 93 Wn. … The trial court in Sims’s case clearly knew it had the option to grant or not grant a SSOSA and even that it could apply a geographical restriction.

State v. Pawlyk

115 Wash. 2d 457 · Washington Supreme Court · Oct 25, 1990

Further, the examination here was clearly intended to concern a possible insanity defense and, needless to say, defense counsel was aware of this. … Both the prosecution and the defendant may summon any other qualified expert or professional persons to testify." (Italics ours.)

Love v. King County

181 Wash. 462 · Washington Supreme Court · Apr 11, 1935

The material facts alleged in the complaints and admitted by the demurrers are these: At an election held November 8, 1932, the qualified voters of Bung county, by requisite vote, authorized the issuance of general negotiable … In the Denny case, which held initiative measure No. 64 to be controlling upon the limit of the power to tax, we said: “Clearly, however, that provision of the law as to the limit to tax [Rem. Rev.

Ellingsen v. Franklin County

117 Wash. 2d 24 · Washington Supreme Court · May 23, 1991

The county commissioners established the road in question by a 1909 resolution. … Yet it clearly claims an easement. Clerk's Papers, at 72. The County has put in the record a "Waiver of Claim for Damages and Consent to Locate Road" which relates to a road which traverses the road in question.

Swinomish Indian Tribal Comm'y v. Dep't of Ecology

Washington Supreme Court · Oct 3, 2013

Ecology determined the significant benefits clearly overrode the potential harm. … Moreover, we note that the dissent does not adequately explain why it believes that the reservations for exempt wells and rural public water supply systems may qualify under the overriding-considerations exception but none

General Motors Corp. v. State

60 Wash. 2d 862 · Washington Supreme Court · Dec 6, 1962

This office was supervised by the Portland zone manager for a time, and later a Seattle zone office was established. … General Motors has paid the tax since the establishment of the new zone office, and that tax is not contested.

State v. Rinkes

70 Wash. 2d 854 · Washington Supreme Court · Mar 23, 1967

The newspaper material clearly should not have gone to the jury room. … Harris, 62 Wn.2d 858 , 385 P.2d 18 (1963), where interrogation of the jury by the trial court established that no jury member had read the questionable portion of a newspaper article which was found in the jury room.

State v. Teuscher

111 Wash. 2d 486 · Washington Supreme Court · Aug 25, 1988

Clearly, the secured creditors were properly named as respondents in this action. It is only fair that an encumbrancer have the right to demand a judicial determination of fair compensation if his interests so require. … agree with the creditors' position that they had a right to elect to accept the State's offer and not have to go to trial, it does not follow that they can withdraw more than their proper share of the State's offer and be immune

State v. Stubbs

240 P.3d 143 · Washington Supreme Court · Oct 7, 2010

excessive or clearly too lenient. … Likewise, the loss of a leg, a "significant permanent loss . . . of the function of [a] bodily part," would qualify as "great bodily harm"; but so would paraplegia.

State v. Harris

78 Wash. 2d 894 · Washington Supreme Court · Feb 4, 1971

Peele, we said, at page 30: It has been long established that the doctrines of res judicata and collateral estoppel do apply in criminal cases. … It is clearly admissible in the present proceeding involving charges wherein the wife and her son are the victims. RCW 5.60.060(1). Unlike the situation or admonitions in Ashe v.

State v. Gaines

122 Wash. 2d 502 · Washington Supreme Court · Oct 7, 1993

Here, the trial court's reasons for imposing the exceptional sentence were clearly based on considerations about Gaines's drug addiction. … If a departure from the standard range is justified, then the reviewing court may proceed to consider whether the exceptional sentence is clearly excessive or clearly too lenient, as required under RCW 9.94A.210(4)(b).

Griffith v. Holman

54 L.R.A. 178 · Washington Supreme Court · Dec 3, 1900

But we are clearly of the opinion that the stream under consideration is a non-navigable stream. … It is well established that, except in salt-water streams, the question of navigability is one of fact that must be established by those who seek to use it as such; and it is also well established that the stream must be

Mourik v. Adams

47 Wash. 2d 278 · Washington Supreme Court · Sep 1, 1955

So I am forced to hold here that the facts are she has had 10 years possession of the 10 foot strip, open and notorious, and qualifies under the statute. “I do not ignore that she never knew where it was. … Novak, 84 Wash. 39 , 146 Pac. 160 ) and the title is not to be overcome by-evidence of entry and occupation alone, but the hostile intent must be clearly demonstrated.”

Bresolin v. Morris

88 Wash. 2d 167 · Washington Supreme Court · Jan 7, 1977

It has no walls, fences or guards, limiting the types of persons it can take and clearly indicating it was not established to provide immediate drug treatment for all prison inmates who might be found to be narcotics addicts … The power of the courts to intervene to protect inmates from conditions which threaten their health or safety, or which are violative of a basic constitutional right is clearly established. See, e.g., Estelle v.

State Ex Rel. Swanson v. Perham

30 Wash. 2d 368 · Washington Supreme Court · Mar 29, 1948

It has always been, and now is, a private corporation qualified to engage in buying, selling, handling, and otherwise dealing in fruits, vegetables, grain, and all kinds of agricultural, horticultural, and poultry products … It can alter or modify any right, privi *382 lege, or immunity granted by it.

Barouh v. Israel

46 Wash. 2d 327 · Washington Supreme Court · Mar 22, 1955

If, however, the identity of the property can be established from the description, then the description is not so erroneous as to invalidate the homestead. Wheeler Perry Co. v. … Clearly, no one was misled by the slight error in describing the property in question. The date of the acknowledgment is blank, but this is not a material defect. 1 C. J. S. 843, Acknowledgments, § 85.

Proctor v. Appleby

110 Wash. 403 · Washington Supreme Court · Mar 22, 1920

Titles to real property, where the question of title is only inadvertently or collaterally involved, may be established by parol evidence from one qualified to speak (Littlefield v. … Its accumulated mass, however, we think the record shows was clearly so.

State v. Black

109 Wash. 2d 336 · Washington Supreme Court · Nov 5, 1987

Here, the question is whether rape trauma syndrome has been generally established as a scientifically reliable means of proving that a rape occurred. … Fischman, The Aftermath of Rape lb (1979) ("Clearly, the concept of a typical rape victim has no place within the context of postrape adjustment").