Case law

Moore v. Brownfield

10 Wash. 439 · Washington Supreme Court · Dec 29, 1894

Some such assertion was made at the time by counsel for plaintiffs, but the defendant so qualified his acquiescence therein that he was not thereby deprived of the right to rely upon all the facts pleaded which he could prove … record upon this appeal does not fully disclose all that may have had binding force upon the defendant in reference to this question, and we call attention to it now in order that at the next trial the matter may be more clearly

Dioxin/Organochlorine Ctr. v. POLLUTION CONTROL

932 P.2d 158 · Washington Supreme Court · Mar 6, 1997

SEPA and its amendments present a statutory scheme in which uniform rules are established to identify actions generally exempt from SEPA without the necessity of further review. … Thus, statutory exemptions immunize the specified actions from SEPA review regardless of their potential environmental consequences.

Nelson v. Mueller

85 Wash. 2d 234 · Washington Supreme Court · Mar 27, 1975

Sanai thoroughly examined the plaintiff with hopes that he might qualify as a candidate for a procedure known as electrocardioversion (a procedure which attempts to return the heart to normal rhythm). … The record in this case clearly demonstrates that any error committed by the giving of the above instruction was inconsequential since all of the expert medical testimony, without exception, did establish that there was a

State v. London

194 Wash. 458 · Washington Supreme Court · Apr 21, 1938

a road engineer who is not a qualified official under the state constitution. … There was evidence which was proper to submit to the jury, inasmuch as it tended to establish the essential elements of the crime charged.

Public Utility District No. 1 v. Town of Newport

38 Wash. 2d 221 · Washington Supreme Court · Mar 10, 1951

Stat., § 11605 [P.P.C. § 833-1] et seq.) authorizing the establishment of public utility districts, as subsequently amended by the legislature. In the light of that act, we have also read Rem. Rev. … Stat., § 9488 et seq., a court of equity will not review their action unless it is exercised in bad faith or unless it is clearly ultra vires. Blade v. La Conner, 167 Wash. 403 , 9 P. (2d) 381 .

Pacific Coast Adjustment Co. v. Reese

189 Wash. 347 · Washington Supreme Court · Mar 9, 1937

Appellants contend that the special privileges and immunities provision of Art. … If appellants’ contention is to be sustained, it must be found that the proviso creates distinctions between wage earners and other classes which are clearly arbitrary, unreasonable, inequitable and unjust.

State Ex Rel. Carroll v. King County

78 Wash. 2d 452 · Washington Supreme Court · Sep 24, 1970

Such proposed charter shall be submitted to the qualified electors of said county, and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said county and shall become the … The import of this language is clearly that the voters may adopt such charter provisions as they see fit regarding elections. The respondent relies heavily upon this court’s opinion in Plummer v.

In Re Levy

23 Wash. 2d 607 · Washington Supreme Court · Aug 30, 1945

The law school had been successfully established at the university. … They are subject to change at any time, and- it may well be that experience will reveal some faults or defects in Rule XXVI which are not now clearly apparent.

W. G. Platts, Inc. v. Platts

73 Wash. 2d 434 · Washington Supreme Court · Mar 28, 1968

That Charles and Hazel Platts appeared at the trial, but contacted my office, and Hazel Platts qualified her statement, and stated to me that she would not want to testify for fear that if she did, she would place the defendant … This same immunity applies to statements made preliminary to testifying. In 70 C.J.S.

State Ex Rel. Washington Etc. Co. v. Murray

181 Wash. 27 · Washington Supreme Court · Mar 7, 1935

These unusual words must have been used either as descriptive or to qualify. … And so, to give the words "engaged in intrastate business in this state" any meaning whatever, they must be treated as qualifying what immediately follows; and thus treated, the word "only" was clearly intended and the clause

State Ex Rel. Lay v. Simpson

173 Wash. 512 · Washington Supreme Court · Jul 13, 1933

Clearly, under the facts which are as follows, respondent was not entitled to maintain the action. … Section 1, rule YI, of the civil service commission reads as follows: “Promotional examinations, where practicable, shall be held when the duties of lower positions tend to qualify for service in the higher.

Hagan & Van Camp, P.S. v. Kassler Escrow, Inc.

96 Wash. 2d 443 · Washington Supreme Court · Nov 5, 1981

This is clearly counter to prior case law. Great Western, at 54; Washington Ass'n of Realtors , at 699. … We have clearly held that it is the nature and character of the service rendered rather than the fact of compensation for it that governs. Washington State Bar Ass'n v.

Wilson v. Westinghouse Electric Corp.

85 Wash. 2d 78 · Washington Supreme Court · Jan 9, 1975

In this case, the first element is clearly established since Westinghouse originally represented that plaintiff’s benefits would be $788.28 per month for 2 years and thereafter $650.78 per month, only to subsequently retract … The second element is likewise clearly established since the plaintiff, on the faith of the accuracy of the representations, elected to accept the early retirement benefits and elected not to pursue other options for employment

King County v. Central Puget Sound Growth Management Hearings Board

142 Wash. 2d 543 · Washington Supreme Court · Dec 14, 2000

To find an action “clearly erroneous,” the Board must be “left with the firm and definite conviction that a mistake has been committed.” Dep’t of Ecology v. Pub. Util. Dist. … Therefore, the properties in this case do not qualify for “innovative zoning techniques.”

State v. Carpenter

166 Wash. 478 · Washington Supreme Court · Jan 29, 1932

Instruction No. 33, reading as follows, supplements and qualifies instruction No. 29, and directs the attention of the jury to the exception in homicide cases as to the general rule of the jury’s province in assessing the … reason of insanity, which has been filed by the defendants and each *486 of them, in this case, you are advised that thé defense of insanity if established and proven is admissible and good under the laws of this state, but

State v. Evans

177 Wash. 2d 186 · Washington Supreme Court · Apr 11, 2013

This means that we will interpret an ambiguous penal statute adversely to the defendant only if statutory construction “clearly establishes” that the legislature intended such an interpretation. … established by statutory construction or, if there is no such clearly established interpretation, then whichever reasonable and justifiable interpretation is most favorable to the defendant.

State ex rel. Sampson v. Superior Court

71 Wash. 484 · Washington Supreme Court · Jan 3, 1913

This is clearly pointed out in State ex rel. Mullen v. Doherty, 16 Wash. 382 , 47 Pac. 958 , 58 Am. … , the establishment of such a board was not a necessary prerequisite to the election of the three trustees, and that want of notice of the election did not nullify the election.

Lowe's Home Ctrs., LLC v. Dep't of Revenue

195 Wash. 2d 27 · Washington Supreme Court · Jan 16, 2020

To qualify for a tax exemption, a taxpayer must No. 96383-5 demonstrate that the exemption clearly falls within the scope of a tax deduction statute. TracFone Wireless, Inc. v. … The PLCC agreements established a process of monthly allocations of revenue and expenses to distribute to the banks and to Lowe's.

Hogue v. Port of Seattle

54 Wash. 2d 799 · Washington Supreme Court · Jun 11, 1959

“On the other hand, legislative conclusions based on findings of fact are not immune from judicial review where they are arbitrary and unwarranted. 16 C. J. S., Constitutional Law, § 151(3), p. 764. . . . … The act created the state reclamation board with certain specified powers, including the power to lease or sell farms to qualified applicants under the conditions and limitations provided therein.

State ex rel. Davis v. Clausen

47 Wash. 372 · Washington Supreme Court · Oct 19, 1907

He was appointed on April 1, 1905, for a full term of six years, and filed his bond and oath of office at that time, and at all times since has been a duly acting and qualified member of the state board of control. … The amendment to §3 shows clearly that the only change intended was the change in regard to salary. This question has been passed upon by this court in Mudgett v.