Case law

Ryan v. Tribune Publishing Co.

148 Wash. 295 · Washington Supreme Court · Jul 3, 1928

As already stated, we are not advised as to whether, or to what extent, the admissions were qualified or the delay sought to be excused, but since the law does not presume wrongdoing or fraud, and since the publication of … or was responsible for the delay, or that the delay, of itself, establishes the intent and purpose which the publications charge.

Cunningham v. Town of Tieton

60 Wash. 2d 434 · Washington Supreme Court · Aug 30, 1962

The fact of damage being established, the appellant cannot be immunized because of uncertainty anent the amount. This was recently examined in some detail in Wenzler & Ward Plumbing & Heating Co. v. … what was meant and said was that, in determining the question of whether or not respondents’ property had been damaged within the purview of the constitutional provision, they could take into consideration those things clearly

Gray v. Suttell & Associates

181 Wash. 2d 329 · Washington Supreme Court · Aug 28, 2014

Bunker, 169 Wn.2d at 578 (under the last antecedent rule, a qualifying phrase refers to the last antecedent, but a comma before the qualifying phrase indicates that the phrase applies to all antecedents). *340 ¶18 “Solicit … Although the SEC filing does not conclusively establish that Midland Funding solicits claims for collection, it has no employees and acts only through employees of other Encore Capital subsidiaries.

State v. Baker

56 Wash. 2d 846 · Washington Supreme Court · Oct 6, 1960

Whitman was not qualified to conduct spot checks to determine the chemical contents of the ampoules as he was not a chemist. *855 Lt. … We think this evidence is clearly sufficient, if believed by the jury, to support a finding of driving in a reckless manner.

Washington State Coalition for the Homeless v. Department of Social & Health Services

133 Wash. 2d 894 · Washington Supreme Court · Dec 24, 1997

The duty imposed by RCW 74.13.031(1) is clearly announced in the statute. … The testimony at trial was that as many as 40 percent of homeless families do not qualify for AFDC funds.

Washington Monumental & Cut Stone Co. v. Murphy

81 Wash. 266 · Washington Supreme Court · Aug 14, 1914

Taken in context, this language was clearly intended to evidence an agreement to recut only such granite then on the grounds as could be used for the purposes set out in the remainder of the same sentence with which it is … The appellant Murphy denied this, but only in a qualified way. The respondent included in its complaint $411 for this work, which the court did not allow.

State v. Erickson

22 Wash. App. 38 · Court of Appeals of Washington · Dec 1, 1978

Both the firing upon separate individuals during a running gun fight and the making of a series of bookkeeping entries within a given time frame clearly qualify as acts arising from the same conduct or episode. … Function (Approved Draft, 1971), which reads: The prosecutor should base his decision whether to file an information on his knowledge of the availability of evidence which will be admissible at trial and which is sufficient to establish

Chang

District Court, W.D. Washington · May 29, 2026

“A court evaluating a 11 claim of qualified immunity ‘must first determine whether the plaintiff has alleged 12 … To the extent she seeks damages from the individual defendants, 14 that same failure entitles them to qualified immunity. Nunes v.

Scyphers v. Ferguson

12 Va. Cir. 147 · Washington County Circuit Court · Mar 4, 1988

They may maintain two separate forms, one clearly labeled "joint account with survivorship" and the other clearly labeled "joint account - no survivor-ship" or they may maintain just one form clearly labeled with both types … The terms of the codicil indicate the necessity for the establishment of a trust to administer any funds from any certificates passing thereunder.

Save Our State Park v. Board of Clallam County Commissioners

74 Wash. App. 637 · Court of Appeals of Washington · Jul 15, 1994

Clearly, S.O.S. Park’s proposed ordinance was not introduced by a commissioner. … Lince, Leonard, and Anderson establish collectively that initiative and referendum are not compatible with zoning ordinances.

State v. Pierce

455 P.3d 647 · Washington Supreme Court · Jan 9, 2020

But prior to our Gregory decision, Townsend was established precedent and was applicable to the 2015 proceedings at issue here. … The State clearly has nondiscriminatory reasons for exercising its peremptory challenge against Juror Number 6." Id. at 1020. I agree with that determination; there was no error here.

State v. Crutchfield

53 Wash. App. 916 · Court of Appeals of Washington · Apr 24, 1989

In return for a grant of immunity, Lewis told the police he had seen Crutchfield kill R. Lewis led a search team to the beaver pond where R.'s body was found chained to a submerged log. … Reason Six: Impact on Others The record clearly establishes that Grant repeatedly lied to R.'s family members during the 16 months that R. was missing. Grant told R.'

King County v. Joyce

96 Wash. 520 · Washington Supreme Court · May 26, 1917

It was clearly not prejudicial, for it tended to sustain appellants’ theory of an abandonment. But there was no prejudice in this testimony. … The question of its value, though but remotely established, was submitted to the jury under a proper instruction and decided adversely to appellants. *528 IX.

Matter of Marriage of Zeigler

69 Wash. App. 602 · Court of Appeals of Washington · Apr 27, 1993

Goodwill represents the expectation of continued patronage based upon such intangibles as location, trade name, reputation, organization and established clients. … The court clearly considered the relevant factors under *608 Fleege, and its conclusion is reasonable under the facts presented.

Washington Cedar & Supply Co. v. Department of Labor

119 Wash. App. 906 · Court of Appeals of Washington · Jan 28, 2004

To establish a violation of OSHA, the secretary of labor has the burden to prove each element by a preponderance of the evidence. Carlisle Equip. Co. v. … The L&I inspector testified that she believed the roof at issue was a “5 or 6-pitched roof’ and would not qualify for the low-pitched roof exception. Board Report of Proceedings (BRP) at 52.

United States v. Doughten

186 F. 226 · U.S. Circuit Court for the District of Eastern Washington · Apr 15, 1911

question here presented is one purely of statutory construction; and, however firmly a court might disbelieve in the past coal land policy of the government, it would usurp authority not conferred upon it, should it attempt to establish … This latter act, as clearly appears from its title and subject-matter, is an enabling statute, and was intended to extend and enlarge the rights of locators in Alaska.

Ferguson v. Wal-Mart Stores, Inc.

114 F. Supp. 2d 1057 · District Court, E.D. Washington · Sep 28, 2000

A plaintiff can establish a prima facie discrimination case under the ADEA and WLAD for failure to hire because of age by showing that (1) she was 40 to 70 years old; (2) she applied for and was qualified for a position for … To prevail on an employment termination claim under the ADA, a plaintiff must establish (1) that she is disabled within the meaning of the ADA; (2) that with or without reasonable accommodation she is qualified to perform

State v. Bell

57 Wash. App. 447 · Court of Appeals of Washington · Apr 2, 1990

The following facts were established at trial. On August 9, 1988, at approximately 8 a.m., Nafisa Zarif was severely beaten and robbed of her purse while walking home after visiting her husband at Providence Hospital. … The present case is clearly distinguishable from Prince . First, there is no indication in the record that Taghavi has a personal interest in the outcome of this case or that this crime personally affects her.

Tidewater Terminal Co. v. State

60 Wash. 2d 155 · Washington Supreme Court · Jun 21, 1962

Furthermore, the period of time that the products remain in the storage facilities clearly indicates that they are not merely a conduit for a continuous flow from the incoming *161 to the outgoing facilities. … The court held that, under the circumstances, the continuity of the journey was not broken by the storage and the oil was therefore immune from state taxation.

Gerberg v. Crosby

52 Wash. 2d 792 · Washington Supreme Court · Aug 28, 1958

said: “Two mining engineers, who testified that they had had experience and observation in the use of explosives in large quantities, in answer to a hypothetical question which assumed facts which the evidence tended to establish … The basis for Hendren’s opinion was clearly brought out in his testimony, both on direct and cross examination. It was for the jury to determine what weight should be given it. Knight v. Borgan, supra; Grismore v.