Case law

Fritz v. Gorton

83 Wash. 2d 275 · Washington Supreme Court · Jan 4, 1974

Thus, again as mentioned heretofore, section 24 may foreclose the candidacy or continued office holding of well qualified citizens of impeccable integrity. … In Fritz the issue regarding section 40 (4) is clearly of this nature.

Henry Broderick, Inc. v. Riley

22 Wash. 2d 760 · Washington Supreme Court · Apr 13, 1945

It is agreed that first party (appellant) is duly qualified to and does procure the listing of real estate for sale, lease, or rental, and prospective purchasers, lessees, and renters therefor, and has and enjoys the good … We are clearly of the opinion that the evidence in this case wholly fails to show that these brokers were in the “employment” of appellant.

Fisher Flouring Mills Co. v. Swanson

76 Wash. 649 · Washington Supreme Court · Dec 13, 1913

anti-trust act. jNor is it claimed, on the other hand, that the fact that the article sold was under a trade-name or in a trade-dress, or the fact that it was manufactured by a patented process, affords the contract any immunity … The rules relating to such contracts are of long standing and thoroughly established.

L. J. Dowell, Inc. v. United Pacific Casualty Insurance

191 Wash. 666 · Washington Supreme Court · Oct 6, 1937

In his decision, the trial court said: “The burden is upon the plaintiff to establish that notice by a fair preponderance of the evidence. As a question of law I agree with Mr. … McCaffery and later he qualified it and it was either Mr. McCaffery or Mr. Stevens. In view of the fact that it is established that Mr.

Erickson v. KERR, MDPS, INC.

125 Wash. 2d 183 · Washington Supreme Court · Nov 10, 1994

The record establishes Dr. Kerr relied on his memory in rendering treatment to Phillipa Erickson and in testifying about that treatment. … And the plaintiff may be allowed to establish a foundation for impeachment. Report of Proceedings (RP) (Oct. 7, 1991), at 37-38.

McKinney v. State

950 P.2d 461 · Washington Supreme Court · Feb 5, 1998

Simpson Paper Co., 123 Wash.2d 93, 107-08 , 864 P.2d 937 (1994) (overturning a jury verdict is appropriate only when it is clearly not supported by substantial evidence). … we grant the McKinneys' motion and do not consider such aspects of the reply brief. [1] Under RCW 26.33.190(1), "[a]ny person may at any time request an agency, the department, an individual approved by the court, or a qualified

State v. Coe

109 Wash. 2d 832 · Washington Supreme Court · Jan 28, 1988

When she eventually identified Coe after being hypnotized, she qualified her identification with the words "very possibly." … The facts of the case before us are clearly distinguishable from those in Martin , where the victim could not even recall her attack until she was hypnotized.

Seibert v. McClure

12 Wash. 2d 643 · Washington Supreme Court · Mar 13, 1942

It is also established by the undisputed evidence in this case that neither Walter A. McClure nor the Seattle-First National Bank ever qualified or acted as trustees under the will. The acts of Mr. … In other words, section 23 is clearly a residuary bequest and not a specific bequest. . . .

In Re Leuthold's Estate

52 Wash. 2d 299 · Washington Supreme Court · May 2, 1958

Her husband and her son were appointed, and qualified, as executors of her estate. … That the cash value of life insurance is property was clearly demonstrated by the United States board of tax appeals in Estate of Louisa Morris Carroll v. Commissioner of Internal Revenue, 29 B. T. A. 11 (1933).

Department of Revenue v. Puget Sound Power & Light Co.

103 Wash. 2d 501 · Washington Supreme Court · Jan 11, 1985

Recently we have reaffirmed the principle that the State, acting in its sovereign capacity, is immune from the application of limitation periods to actions brought for the benefit of the State. Bellevue Sch. … In RCW 4.16, the Legislature clearly provided that the State is not subject to any such time limitations: The limitations prescribed in this chapter shall apply to actions brought in the name or for the benefit of any county

Island County v. State

135 Wash. 2d 141 · Washington Supreme Court · May 14, 1998

And no one less than Oliver Wendell Holmes cautioned, "To have doubted one's own first principles is the mark of a civilized man." [5] While the majority would profess to immunize constitutionally doubtful legislation from … In a 1979 case, Justice Utter wrote: "The presumption of constitutionality has long been an established legal doctrine....

State v. Horrace

28 P.3d 753 · Washington Supreme Court · Aug 2, 2001

steadfastly to the constitutional safeguards we have previously identified in the area of passenger privacy and emphasize here that the issue before us requires no more or no less than a thoughtful application of those well-established … We cannot agree with Horrace that his apparent motionlessness in the face of the driver's movements in his direction immunized him from suspicion.

American National Can Corp. v. Department of Revenue

114 Wash. 2d 236 · Washington Supreme Court · Mar 1, 1990

In response to interrogatories, the Department of Revenue has identified taxes in 58 jurisdictions which qualify for credit under the new law. See Clerk's Papers, at 787-90. … Given the holding of the Tyler Court, some relief is clearly appropriate.

Dumas v. Gagner

137 Wash. 2d 268 · Washington Supreme Court · Feb 4, 1999

West 43rd Avenue: [[Image here]] *274 Respondent asked for a declaratory judgment that the Benton County Auditor committed a wrongful act in placing Appellant Frost in the wrong precinct and that Appellant Frost was not qualified … When the Port of Kennewick established the current port commission district boundaries in 1992, the western terminus of West 43rd Avenue was a turnaround at approximately the west boundary of Lot six.

Myer v. LITTLE CHURCH ETC.

37 Wash. 2d 897 · Washington Supreme Court · Jan 27, 1951

As Labatt states: "It would clearly be inconsistent with the rationale of the defense of assumption of risks to regard it as being applicable *909 in cases where, through mere inadvertence at the time of the accident, the … No effort was made to qualify appellant as an expert in the interpretation of X rays.

State v. Eriksen

172 Wash. 2d 506 · Washington Supreme Court · Sep 1, 2011

his actions are barred from qualifying as a citizen's arrest under the "color of office" doctrine. … NOTES [1] In the courts below, Eriksen tried to establish that the entire incident occurred outside the Lummi Reservation.

MOE INS. CO. v. Dan Paulson Const., Inc.

169 P.3d 1 · Washington Supreme Court · Oct 11, 2007

"In order to establish bad faith, an insured is required to show the breach was unreasonable, frivolous, or unfounded." … establishing which of the Martinellis' claims were excluded from coverage under DPCI's policy.

State v. McCormick

166 Wash. 2d 689 · Washington Supreme Court · Aug 6, 2009

The trial court determined McCormick would be sentenced to 123 months’ imprisonment but found McCormick qualified for a SSOSA sentence. … It’s in the back alley, but it is clearly on school property which he is not allowed to frequent. ....

Heitfeld v. Benevolent & Protective Order of Keglers

36 Wash. 2d 685 · Washington Supreme Court · Jun 29, 1950

It was further alleged that plaintiff was elected and qualified as trustee of the bankrupt’s estate, and as such had succeeded to the causes of action alleged; that the action was brought pursuant to the authority of the … On the contrary, *695 the statute and other enactments in pari materia clearly show that it was intended to be compensatory and not penal.”

Fast v. Kennewick Pub. Hosp. Dist.

Washington Supreme Court · Nov 17, 2016

Schroff scheduled a glucose challenge test four days later, on August 29, 2008, Jamie's first blood sugar test since establishing care with Dr. Smith. … Accordingly, we 11"'A grant of immunity from liability clearly implies that civil liability can exist in the first place."' Beggs v.