Case law

Turner v. Davisson

47 Wash. 2d 375 · Washington Supreme Court · Sep 8, 1955

Our discussion of the underlying legal questions involved in this case may be considerably simplified if the map is kept *378 clearly in mind, or referred to frequently as the discussion proceeds. … In the Hubbard case, which involved the existence of an easement by implied grant, the question was whether an improvement made after the execution of the contract and transfer of possession to the vendees qualified as an

State v. Huston

71 Wash. 2d 226 · Washington Supreme Court · May 11, 1967

While we are not required to search the record for errors not clearly assigned, the review of a case where a confession is involved presents the reviewing authority with a delicate problem. … counsel or of his right to remain silent or that any statements which he might make could be used against him, or even of the fact that he was under arrest, and he also does complain that he was given certain promises of immunity

Hubenthal v. Spokane & Inland Railway Co.

43 Wash. 677 · Washington Supreme Court · Sep 14, 1906

On the hearing -of the motion for judgment on the pleadings, counsel for respondents clearly pointed out their objections to the substance of each-cause of. action. … If the former, oral testimony would not be admissible to limit .or qualify the estate granted.

Marshall v. State

178 Wash. 81 · Washington Supreme Court · Jun 25, 1934

The case is clearly, as stated in annotations at 62 A. L. R. 338, opposed to the prevailing view (see 34 A. L. … Holcomb, supra [ 85 Kan. 178 , 116 Pac. 251 ] it was said: “ ‘Provisions giving immunity from taxation are to be strictly construed, and anyone claiming that he should escape his share of the public burden must show a clear

Washington Independent Telephone Association v. Washington Utilities and Transportation Commission

149 Wash. 2d 17 · Washington Supreme Court · Mar 20, 2003

Association's motion to dismiss on the grounds that USCC was not a common carrier, the Commission granted USCC's oral motion to amend its petition "to include the license holders of its Washington license areas as well as USCC when qualifying … To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Traver v. Spokane Street Railway Co.

25 Wash. 225 · Washington Supreme Court · May 25, 1901

It requires stronger and more convincing proof to establish wilful negligence than gross negligence. … Clearly, there is not only no abuse of discretion on the part of the trial judge in this case, but the witnesses were shown to be qualified to testify.

1000 Friends of Washington v. McFarland

149 P.3d 616 · Washington Supreme Court · Dec 21, 2006

County ordinances must implement state policy at the direction of the State to be immune from local referenda. … What Anderson clearly reiterated, Brisbane unfortunately muddled.

State ex rel. Mandatory Bussing v. Brooks

80 Wash. 2d 121 · Washington Supreme Court · Jan 6, 1972

Although the Swann court rather clearly limited the authority of federal courts to impose desegregation plans on school authorities to situations involving “de jure” dual systems, that court also observed (Swann, 402 U.S. … recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified

Smith v. Hecla Mining Co.

38 Wash. 454 · Washington Supreme Court · Apr 22, 1905

The last part thereof is clearly erroneous. … The “safe place” rule can be applied only in a qualified sense.

Dexter Horton Building Co. v. King County

10 Wash. 2d 186 · Washington Supreme Court · Aug 25, 1941

This, clearly, restricts trial by jury, as of right, in a civil action to “an action at law, upon an issue of fact.” … Experienced, well-qualified real estate experts were called by both parties as witnesses. The opinions of those experts as to the value of the building are conflicting.

Griffin v. Warburton

23 Wash. 231 · Washington Supreme Court · Nov 15, 1900

applied for, and on the 21st day of that month there was issued to him by the superior court of Pierce county, the county in which the lands are situated, letters of administration of *233 her estate, whereupon he duly qualified … White, conclusively establishes the title of Warburton to the property against all persons who have a right to question that title.

Matter of Disciplinary Proceeding Against Anschell

69 P.3d 844 · Washington Supreme Court · May 29, 2003

Bolusan's aunt] and him a grant of immunity." Decision Papers at 11 (Finding of fact 5). … However, the unchallenged findings establish that he failed to take action in Ms.

In Re Stenson

76 P.3d 241 · Washington Supreme Court · Sep 11, 2003

Grubb has not been sufficiently qualified yet as an expert in interpretation of blood stain evidence at a crime scene." Verbatim Report of Proceedings (VRP) (Aug. 1, 1994) at 1243. … Clearly, the State cannot be required, at the time of trial, to disclose information that has yet to come into existence (the three cases mentioned above were decided after Stenson's trial).

Concerned Ratepayers Ass'n v. Public Utility District No. 1

138 Wash. 2d 950 · Washington Supreme Court · Sep 9, 1999

Where a nexus exists between the information and an agency’s decision-making process, as is apparent here, we hold that review, evaluation, and reference to information constitutes “use” and, therefore, qualifies such information … Clearly, that GE may have claimed that the technical design of the IES 10380 was proprietary information did not preclude the FUD from reviewing and evaluating such information.

Pacific Telephone & Telegraph Co. v. Henneford

195 Wash. 553 · Washington Supreme Court · Jul 29, 1938

The compensating tax statute clearly indicates the legislative intent to remove discrimination against merchants of this state. … It is likewise settled that transportation by ferry from one state to another is interstate commerce and immune from the interference of such state legislation. Gloucester Ferry Co. v. Pennsylvania, 114 U.

Newschwander v. BOARD OF TRUSTEES OF TEACHERS'RETIREMENT SYSTEM

94 Wash. 2d 701 · Washington Supreme Court · Nov 26, 1980

foregoing it is clear the computation of WSTRS pension benefits for the class is regulated in part by RCW 41.32.497 which currently provides in relevant part: Any person who became a member on or before April 25, 1973 and who qualifies … Clearly the time of designation of creditable service occurred at the 1957 transfer.

State v. McFarland

84 Wash. 2d 391 · Washington Supreme Court · Sep 12, 1974

Defendant accepted the burdens of his guilt in two traffic offenses, freely acknowledging them in open court by his plea of guilty; his guilt in another charge was established *395 by trial. … Error should not be transferable from one cause to a different and wholly unrelated one; nor should it be judicially expanded to create an immunity from prosecution for other and different crimes tried in other and different

In Re the Estate of Barbee

182 Wash. 644 · Washington Supreme Court · Aug 6, 1935

Barbee qualified as such executrix and ever since has been and now is acting as such. … Barbee, with community funds, purchased a tract of land in Yakima county, containing a little less than nineteen acres, upon which the family home was established. October 31, 1932, Mr.

Griffin v. Thurston County

196 P.3d 141 · Washington Supreme Court · Nov 20, 2008

construction of a law by a local jurisdiction with expertise; (c) The land use decision is not supported by evidence that is substantial when viewed in light of the whole record before the court; (d) The land use decision is a clearly … Some of the setback measurements contain qualifying language.

In re Rights to Waters of Yakima River Drainage Basin (Acquavella)

Washington Supreme Court · Mar 7, 2013

The qualifying Northside parties may hold the right regardless of whether it will be fulfilled. … The trial court properly denied qualifying Northside users a right to use excess water after July 10 The trial court denied qualifying Northside users the right to use excess water after July 10.