Case law

Rabon v. City of Seattle

957 P.2d 621 · Washington Supreme Court · May 21, 1998

An ordinance is presumed constitutional and a heavy burden rests upon the challenger to establish unconstitutionality. Brown, 116 Wash.2d at 559 , 807 P.2d 353 . … Nothing in the statutes clearly indicates legislative intent that state law preempts.

Ulve v. City of Raymond

51 Wash. 2d 241 · Washington Supreme Court · Nov 7, 1957

R. (2d) 800 (1953), this court said: “The rule is well established that a municipality is not negligent in failing to erect and maintain warning signs or barriers unless (a) the situation is inherently dangerous, Neel v. … While this exception allows a witness to testify as to his impression, it does not qualify nor permit him to testify as to the impression identical facts would have upon a person other than himself. Fort Worth v.

In Re Parentage of LB

122 P.3d 161 · Washington Supreme Court · Nov 3, 2005

RCW 26.26.101. [5] ¶ 64 Britain qualifies under RCW 26.26.101(1)(a) — incorporating the preexisting definition of parent — as she is the birth mother of L.B. [6] Carvin does not qualify under any section. [7] This should … Applying Luby's facts to the majority's new test for " de facto " parent, Luby would qualify. From the facts of that case it appears that (1) S.H.B.'

Grimsby v. Samson

85 Wash. 2d 52 · Washington Supreme Court · Jan 9, 1975

Courts will not immunize tort feasors from liability in a whole class of cases because of the possibility of fraud, but will depend upon the legislature to deal with the problem as a question of public policy. … Clearly a case-by-case approach will be necessary to define the precise limits of such conduct.

State v. Levy

8 Wash. 2d 630 · Washington Supreme Court · May 16, 1941

Several of them clearly hold that it must appear affirmatively that prejudice resulted before reversal will follow. State v. … The material portion of each of those counts reads as follows: “That the said Arnold Levy . . . being at that time a duly elected, qualified and acting County Commissioner of the County of Clallam, . . . and being during

Hendryx v. People's United Church

42 Wash. 336 · Washington Supreme Court · Mar 17, 1906

intent, made, executed and delivered to said defendant Thomas Hye a deed to all of said church’s real estate, and a bill of sale of all of said church’s personal property in the state of Idaho, for the purpose of there establishing … While there are many things said in this case which tend to support the doctrine claimed by the respondents, the announcement just made, it seems to us, clearly supports the appellants’ contention in this case.

American Nursery Products, Inc. v. Indian Wells Orchards

115 Wash. 2d 217 · Washington Supreme Court · Sep 20, 1990

RCW 62A.2-719(3) provides: Limitation of . . . consequential damages is valid unless it is established that the limitation is unconscionable. … However, because both parties have prevailed on *235 major issues, neither qualifies as the prevailing party under the contract. See Sardam v. Morford, 51 Wn. App. 908 , 756 P.2d 174 (1988).

Robel v. Roundup Corp.

59 P.3d 611 · Washington Supreme Court · Dec 12, 2002

In Robel's case, the answer is clearly yes. … However, I believe the majority's attempt to qualify Potts as a "manager" as the term is used in Glasgow is inappropriate.

Parker v. Hardy

200 Wash. 318 · Washington Supreme Court · Aug 25, 1939

On June 13th, the Yakima First National Bank qualified as executor and the will was admitted to probate. … There is a complete failure of proof of an essential element to establish the charge of fraud; that is, that the facts were concealed from Mrs. Larson.

Impero v. Whatcom County

71 Wash. 2d 438 · Washington Supreme Court · Jun 15, 1967

This case is clearly distinguishable from those cited by appellant in support of its argument, such as Caron v. … In his opening statement, respondent’s counsel stated that: One of these drainage holes thus established by the County on what was largely County right of way, one of them was quite near the office.

Matter of Personal Restraint of Young

122 Wash. 2d 1 · Washington Supreme Court · Aug 12, 1993

In sum, the circumstances of the Foucha case clearly dictated the result reached by the United States Supreme Court. … The State's interest in preventing the sort of harm exacted by sexually violent predators is clearly compelling.

Samuel & Jessie Kenney Presbyterian Home v. State

174 Wash. 19 · Washington Supreme Court · Aug 3, 1933

Ballard) as trustees to effectuate the Kenneys ’ charitable plan of establishing a home for aged people. The first three above-named qualified, and are still acting as trustees. Mr. … It was found advisable to establish a uniform rule as to these requirements.

Hinton v. Carmody

186 Wash. 242 · Washington Supreme Court · May 19, 1936

Under a liability policy, the obligation to pay *248 arises as soon as liability against tbe insured is established, and any obligation within the coverage of the policy may be reached by a writ of garnishment. … We have carefully read the evidence in this connection, and are clearly of the opinion that appellant’s contention is not supported by the record.

City of Seattle v. Western Union Telegraph Co.

21 Wash. 2d 838 · Washington Supreme Court · Nov 27, 1944

Clearly, the authorities uphold respondent’s position. … The court held the ordinance was clearly a revenue measure.

City of Tacoma v. Taxpayers of City of Tacoma

108 Wash. 2d 679 · Washington Supreme Court · Aug 27, 1987

A significant purpose of RCW 35.92.360 is to insure that municipal utilities will establish well conceived and cost-effective conservation programs. … We held that an agreement to purchase project capability did not qualify as the purchase of electricity. Chemical Bank , at 784.

Keodalah v. Allstate Ins. Co.

194 Wash. 2d 339 · Washington Supreme Court · Oct 3, 2019

App. 201, 210, 304 P.3d 914(2013)(because the legislature enacted the statute at issue "to protect the general public from risks posed by legend drugs," complainant cannot qualify as a member of a "class for whose especial … No party or amicus contends otherwise, and potential liability on the part of her employer was clearly not sufficient to deter Smith's alleged bad faith conduct.

State ex rel. Case v. Superior Court

81 Wash. 623 · Washington Supreme Court · Sep 21, 1914

Clearly the statute does not intend that the council shall submit the amendment until the fact exists that the necessary number of qualified voters have petitioned. … Clearly the legislature was not required to go further, and we think it has not done so.

State v. Trey M.

186 Wash. 2d 884 · Washington Supreme Court · Oct 27, 2016

I also conclude that J.M. and Kilburn are clearly harmful for two reasons. ¶58 First, J.M. and Kilburn infringe a constitutional protection. … Code Ann. § 18.2-423 (1996), unquestionably qualifies as the kind of threat that is unprotected by the First Amendment”), 368 (Scalia, J., concurring in part and dissenting in part) (“I agree with the *912 Court that ...

GROUP HEALTH ETC. v. King Co. Med. Soc.

39 Wash. 2d 586 · Washington Supreme Court · Nov 15, 1951

The importance of access to Renton Hospital, on the part of appellants and others under contract with the Cooperative, is clearly established in the record. … In our opinion, the Society may not, through the mere use of the term "unethical," clothe with immunity acts which would otherwise fall under the ban of the antimonopoly provision of our constitution. [20] It is our conclusion

State Ex Rel. MacRi v. City of Bremerton

8 Wash. 2d 93 · Washington Supreme Court · Mar 21, 1941

Bank, supra, is clearly distinguishable from the case at bar. In Houston Oil Terminal Co. v. … The court said: “The burdens which the Magna Carta provision was designed to lift and secure immunity from, bear no resemblance whatever to those legitimate expenses of litigation which we call costs, or security for the