Case law

State v. Vance

29 Wash. 435 · Washington Supreme Court · Aug 26, 1902

The intention of the law is, not as argued by appellant’s attorney to prevent discrimination between qualified jurors, but to select from qualified jurors honest persons, having the capacity to- know and understand, and readiness … The burden of proof in every material allegation of the information, as herein charged, is upon the state, and it must establish the defendant’s guilt beyond every reasonable doubt.

Kim v. Lakeside Adult Family Home

Washington Supreme Court · May 12, 2016

The court reasoned, "'A grant of immunity from liability clearly implies that civil liability can exist in the first place."' Beggs, 171 Wn.2d at 78 (quoting Jane Doe v. … Giving a patient morphine without a prescription would qualify as physical abuse by use of a chemical restraint.

State v. Wilson

137 Wash. 125 · Washington Supreme Court · Dec 28, 1925

Matthews, supra, that a church committee^ report upon investigation of a minister made according to the established rules of the church of which the minister was a member, was absolutely privileged, whether libelous per se … But courts have uniformly agreed that freedom of speech does not grant absolute immunity from the penalty of slandering or libeling another. This court has held, in Byrne v. Funk, 38 Wash. 506 , 80 Pac. 772 , 3 Ann.

Unemployment Compensation Department v. Hunt

22 Wash. 2d 897 · Washington Supreme Court · Apr 24, 1945

That the legislature can redefine any known and accepted entity in the application of the law by inserting said redefinition in the body of the Act without the fact of such insertion being clearly expressed in the title of … service is performed, or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and “(in) Such individual is customarily engaged in an independently established

State v. Great Northern Railway Co.

97 Wash. 137 · Washington Supreme Court · Jun 22, 1917

“The case in this court relied upon to establish the contrary (Adams Exp. Co. v. Kentucky, 238 U. S. 190 , 59 L. Ed. 1267 , L. R. A. 1916C 273, 35 Sup. Ct. Rep. 824, Ann. Cas. 1915D 1167), clearly does not do so. … The purpose of the act was to prevent the immunity characteristic of interstate commerce from being used to permit the receipt of liquor through such commerce “in states contrary to their laws.”

Washington State Major League Baseball Stadium Public Facilities District v. Huber, Hunt & Nichols-Kiewit Construction Co.

165 Wash. 2d 679 · Washington Supreme Court · Mar 5, 2009

Thus, because community colleges were established through enabling rather than mandatory acts, the superior court held Northampton did not qualify under the nullum tempus doctrine to an exemption from the statute of limitations … It therefore denied the school district’s claim to governmental immunity.

Smith v. Jackson

106 Wash. 2d 298 · Washington Supreme Court · Jun 26, 1986

Analysis The right of contribution has been established in the state of Washington by statute. … The second proposition on which the trial judge relied is clearly incorrect.

Keller v. City of Spokane

44 P.3d 845 · Washington Supreme Court · Apr 25, 2002

The pattern jury instruction accurately and clearly defines the scope of a municipality's duty to maintain its roads. … The Legislature similarly waived sovereign immunity for the state in 1961.

Griffin v. Department of Social & Health Services

91 Wash. 2d 616 · Washington Supreme Court · Feb 15, 1979

The foregoing statutory sections clearly establish that from the time Johnny was placed at Rainier until his tenure at the UPS home was terminated, his parents could not have been billed directly for the cost of his care. … the privileges and immunities clause.

Hartman v. Washington State Game Commission

85 Wash. 2d 176 · Washington Supreme Court · Feb 27, 1975

Respondents, however, take the position that the commission’s regulatory authority is qualified by RCW 77.12.010, which provides: The wild animals and wild birds in the state of Washington and the game fish in the waters … RCW 42.30.080 clearly relates only to the kind of notice required where a special meeting is to be called and does not qualify the notice provisions of RCW 34.04.025.

State v. Bartels

112 Wash. 2d 882 · Washington Supreme Court · Jun 29, 1989

The implied consent statute clearly mandated the inclusion of the language omitted from the warning in Holmberg . The statute does not expressly mandate inclusion or omission of the words "at *890 your own expense." … We remand each cause to permit the State to establish whether a defendant had the financial ability at the time of arrest to obtain an additional test.

State Ex Rel. Cruikshank v. Baker

2 Wash. 2d 145 · Washington Supreme Court · Jan 3, 1940

The findings of fact, in so far as material to the questions raised, recite as follows: That, on June 26, 1939, relators, being the duly elected, qualified, and acting county commissioners of Thurston county, regularly adopted … We are clearly of the opinion that the act in *152 question in no way contravenes either the letter or spirit of Art. I, § 12, of the state constitution. It is next contended that the act violates Art.

Dorward v. ILWU-PMA PENSION PLAN

75 Wash. 2d 478 · Washington Supreme Court · Mar 6, 1969

These records clearly indicated an initial employment date of May, 1936, and gave the place of said employment as the Port of New York. … plañir tiff indicating quite clearly that his initial employment from May, 1936 until 1948 was in New York.

Babcock v. Mason County Fire District No. 6

144 Wash. 2d 774 · Washington Supreme Court · Sep 13, 2001

Reliance should be an element of proof to establish loss of profits or monetary damages. … Because of the discretionary and policy making functions of government, I would retain our absolute and qualified immunity jurisprudence.

Mw v. Dshs

70 P.3d 954 · Washington Supreme Court · Jun 12, 2003

In analyzing whether the caseworker had qualified immunity, the Lesley court reasoned she did not because she failed to follow established procedures when evaluating the Mongolian spots. Lesley, 83 Wash. … This reading of Lesley confuses the analysis for qualified immunity with the scope of the duty.

Taskett v. King Broadcasting Co.

86 Wash. 2d 439 · Washington Supreme Court · Feb 11, 1976

Moreover, the only defenses available were “truth, consent, absolute privilege, qualified or conditional privilege, and fair comment . . .” Jolly v. Fossum, 63 Wn.2d 537, 541 , 388 P.2d 139 (1964). … Amendment will not tolerate a strict liability criteria, neither will this State’s strong policy, providing a means of compensation to private citizens for injuries to their reputations, tolerate the giving of a near-absolute immunity

State v. Morgan

192 Wash. 425 · Washington Supreme Court · Nov 30, 1937

The rule of practice in King county requiring the trial judge to examine the jury touching their qualifications to act as fair and impartial jurors, while probably good practice, is an innovation upon long established rules … Certainly, the generally established custom in criminal cases has been that the attorney for the state advises the jury concerning the issues in the case, the names of the parties and the witnesses, and other matters of a

State ex rel. Baldwin v. Superior Court

11 Wash. 111 · Washington Supreme Court · Feb 7, 1895

Shay be allowed to qualify as administrator with the will annexed of the estate of said Lena Shay Baldwin. … But a reference to the authorities cited in support of the text clearly shows that, if founded thereon, it is without authority. None of them tend in the least degree to establish any such doctrine.

Philippides v. Bernard

151 Wash. 2d 376 · Washington Supreme Court · Apr 22, 2004

They argue that the intent section defines “support” as meaning significant involvement in the child’s life, which can be established by emotional support. … An expert’s opinion is admissible if the witness is properly qualified, relies on generally accepted theories, and the expert’s testimony is helpful to the trier of fact. State v.

State Ex Rel. Swan v. Jones

47 Wash. 2d 718 · Washington Supreme Court · Nov 10, 1955

be published in two newspapers, both of which were published and distributed daily in Vancouver for the entire thirty-day period prior to the day of submitting the proposal to the electors for approval or rejection, was clearly … established by the stipulated facts.