Case law

State ex rel. Makris v. Superior Court

113 Wash. 296 · Washington Supreme Court · Nov 30, 1920

The twenty-third section of the Bill of Rights provides that ‘the general assembly shall not gránt to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all … Such cases do not deal with constitutional rights so clearly ascertainable as those drawn in question in this case.

Sittner v. City of Seattle

62 Wash. 2d 834 · Washington Supreme Court · Aug 29, 1963

An ordinance to be void for unreasonableness must be plainly and clearly unreasonable. Seattle v. Hurst, 50 Wash. 424 , 97 Pac. 454 (1908). … The plaintiffs have therefore failed to establish that the control exercised by the ordinance over their burning activities is discriminatory and in contravention of Art. 1, § 12 of the state constitution and the fourteenth

Hotel Cecil Co. v. City of Seattle

104 Wash. 460 · Washington Supreme Court · Dec 28, 1918

Again, for ascertaining the test as to whether the city is acting governmentally, and hence immune from liability, what difference in reason can there be whether the action be that of negligence or trespass? … The trial court clearly observed and applied the proper rule in these cases. The judgment in each case is affirmed. Main, C. J., Mount, Holcomb, Tolman, and Parker, JJ., concur.

State v. Whitman County District Court

105 Wash. 2d 278 · Washington Supreme Court · Feb 27, 1986

These cases clearly establish the proposition that the accused has a right under the implied consent statute to be afforded the opportunity to make a knowing and intelligent decision whether to submit to an evidentiary breath … He was also advised that he had a right to have additional tests administered by any qualified person of his choosing.

State v. Ferguson

142 Wash. 2d 631 · Washington Supreme Court · Jan 4, 2001

A sentence is considered clearly excessive only if the trial court abused its discretion in establishing the length of the sentence. 88 There is an abuse of discretion when, under the circumstances, no reasonable person would … Oxborrow, 106 Wn.2d 525, 531 , 723 P.2d 1123 (1986) (“[F]or action to be clearly excessive, it must be shown to be clearly unreasonable, i.e., exercised on untenable grounds or for untenable reasons, or an action that no

Bergman v. Johnson

66 Wash. 2d 858 · Washington Supreme Court · Sep 16, 1965

I can conceive of Cougar Logging or Columbia Plywood, or even Industrial Development, being utilized for corporate purposes for which they were originally established. … Whether he paid anything for it or not, and I am certain that he felt that he paid a great deal by the years with which he served his father, it was clearly understood that this was nothing more than a qualifying share, and

City of Seattle v. Mighty Movers, Inc.

152 Wash. 2d 343 · Washington Supreme Court · Sep 9, 2004

[Use of such] places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. Hague, 307 U.S. at 515 . … Conclusion Washington follows federal forum analysis and Vincent has established that utility poles are not a traditional public forum.

Washington Imaging Services, LLC v. Department of Revenue

171 Wash. 2d 548 · Washington Supreme Court · May 19, 2011

The trial court granted summary judgment in favor of the Department of Revenue (the Department), ruling that the amounts paid to Overlake do not qualify for “pass-through” treatment. … The Court of Appeals said that the findings were “clearly supported by the stipulated facts.” Id. at 45 .

Engstrom v. City of Seattle

92 Wash. 568 · Washington Supreme Court · Aug 21, 1916

The trial court was of the opinion that this section of the city charter was not intended to establish a pension system for civil service employees whenever discharging their duties; that the provision was merely compensatory … public policy, and shocking to the sense of justice, to hold that the proceeds of insurance paid for by the injured person for his own benefit or that of his widow and children should inure to the benefit *572 of, and grant immunity

State v. Murray

190 Wash. 2d 727 · Washington Supreme Court · May 17, 2018

. ¶ 6 On appeal, Murray challenged his exceptional sentence, arguing that it was clearly excessive because of his brain injury. … Under current law, the court or jury can make a special finding regarding deadly weapon use, and the Task Force recommends a similar provision be established for felonies with a sexual motivation.

Million v. Parker

115 Wash. 57 · Washington Supreme Court · Mar 16, 1921

After qualifying, she filed an inventory which omitted two pieces of real property, one the home which was occupied by the deceased and his family from the time of its purchase in 1901 until his death, and thereafter by appellant … They *59 then called appellant as a witness, and by her testimony established that she was the wife of Joseph H.

Department of Social & Health Services v. T.P.

182 Wash. 2d 689 · Washington Supreme Court · Feb 19, 2015

A court can order termination if it finds “[t]hat continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” … Even so, the trial court found that the appointed guardians were qualified, appropriate, and capable of being A.W. and M.W.’s guardians. T.R did not contest this finding.

Stout v. Warren

176 Wash. 2d 263 · Washington Supreme Court · Dec 20, 2012

The burden is on the party asserting that an activity is abnormally dangerous to establish a factual basis for that conclusion. See Anderson, 801 F.2d at 939-40 . … Notably, the statute does not provide immunity to the bounty hunter. On remand, CJ Johnson may assert assumption of risk or comparative fault, depending on the facts.

Neth v. General Electric Co.

65 Wash. 2d 652 · Washington Supreme Court · Feb 16, 1965

Defendant clearly advised clerical employees at HAPO not represented by a union, including plaintiff Ada *655 Neth, of the procedures defendant had established affording them an opportunity to be heard in the event such employee … In our opinion, their context clearly shows that the statements were not promises but employer opinions which were clearly expressed as such by the employer.

Young v. Konz

88 Wash. 2d 276 · Washington Supreme Court · Feb 16, 1977

The judge of the Ferry County district court qualified for his position on that bench by passing a qualifying examination pursuant to RCW 3.34.060. … However, our preferences are not sufficient to establish a due process violation under the present system.

Ambach v. French

167 Wash. 2d 167 · Washington Supreme Court · Sep 24, 2009

This limitation clearly excludes stand alone personal injury claims like those for pain and suffering. … Isham , however, involved the scope of coverage in an insurance policy, not the scope of qualifying CPA injuries.

Boeing Aircraft Co. v. Department of Labor & Industries

22 Wash. 2d 423 · Washington Supreme Court · Feb 24, 1945

Stout, 11 Wn. (2d) 184, 118 P. (2d) 801 , the court cited the O’Brien and Reeder cases (with others), saying: “While the foregoing cases are not directly in point, they do clearly establish two essential requirements which … It would seem that appellant recognizes the difficulty of its position, stating in its opening brief (p. 31): “If this immunity from suit, which thereby prohibits indemnification of the accident fund, is wrong, clearly this

State ex rel. Hubbard v. Lindsay

52 Wash. 2d 397 · Washington Supreme Court · May 22, 1958

In the present case, we are concerned not only with the qualifications of a qualified elector but more particularly with the method prescribed by the legislature for publicly establishing the fact that a certain citizen possesses … This distinction was clearly pointed out by this court in State ex rel. Carroll v.

North Springs Water Co. v. City of Tacoma

47 L.R.A. 214 · Washington Supreme Court · Oct 9, 1899

, operating and controlling the same by the city, and all such appropriations shall be made as provided in this article, except that before passing the resolution provided for, the city council shall first submit to the qualified … : “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.”

State v. Queen

73 Wash. 2d 706 · Washington Supreme Court · May 2, 1968

Piche, 71 Wn.2d 583 , 430 P.2d 522 (1967), to the effect that a regular practicing attorney is presumed to be qualified, does not apply *708 in the instant case because appellant’s trial counsel was disbarred approximately … Mode, 57 Wn.2d 829, 833 , 360 P.2d 159 (1961),said: Mistakes or errors of judgment do not establish the violation of a constitutional right.