State, Respondent, v. Roper, Petitioner. No. 84075-0.The Supreme Court of Washington. June 1, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 63840-8-I, November 9, 2009, 152 Wn. App. 1064. Denied. Page 1038
Category: Washington Supreme Court Opinions
SUMMERS v. SASAKI, 151 Wn.2d 1026 (2004)
Summers, Petitioner, v. Tsuyoshi Sasaki, Respondent. No. 74713-0.The Supreme Court of Washington. June 2, 2004. Petition for review of a decision of the Court of Appeals, No. 21594-6-III, October 7, 2003, 118 Wn. App. 1063. Denied June 2, 2004. Page 1027
DISPOSITIONS OF PETITIONS FOR REVIEW, 91 Wn.2d 1013 (1978)
The Supreme Court of Washington. Kraack, Petitioner, v. International Bhd. of Elec. Workers, Local 77, et al, Respondents, No. 45808. Petition for review of a decision of the Court of Appeals, August 15, 1978, 20 Wn. App. 1052. Denied January 19, 1979. Simpson Timber Co., Petitioner, v. Aetna Cas. Sur. Co., et al, Respondents, No. […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 112 Wn.2d 1001 (1989)
The Supreme Court of Washington. Wiltse, et al, Respondents, v. Albertson’s Inc., Petitioner, No. 55727-6. Petition for review of a decision of the Court of Appeals, November 1, 1988, 52 Wn. App. 641. Granted February 28, 1989. Robinson, Petitioner, v. Safeway Stores, Inc., Respondent, No. 55806-0. Petition for review of a decision of the Court […]
WERNER v. WERNER, 18 Wn.2d 875 (1943)
138 P.2d 889 ALMA WERNER, Appellant, v. OTTO WERNER, Respondent.[1] No. 28969.The Supreme Court of Washington. Department One. June 21, 1943. [1] Reported in 138 P.2d 889. Appeal from a judgment of the superior court for King county, Ronald, J., entered September 14, 1942, upon findings partially in favor of the defendant, in an action […]
SUTTON v. SUTTON, 145 Wn. 542 (1927)
260 P. 1076 CHARLOTTA R. SUTTON, Appellant, v. HENRY G. SUTTON, Respondent. No. 20759. Department Two.The Supreme Court of Washington. November 22, 1927. [1] HUSBAND AND WIFE (106) — SEPARATE MAINTENANCE — GROUNDS — ABANDONMENT — MISCONDUCT. An action for separate maintenance may be based upon abandonment where the wife was compelled to live separate […]
CARR v. MICHELSON, 149 Wn.2d 1005 (2003)
Carr, Petitioner, v. Michelson, et al., Respondents. No. 73166-7.The Supreme Court of Washington. April 29, 2003. Petition for review of a decision of the Court of Appeals, No. 47668-8-I, July 22, 2002, 112 Wn. App. 1042. Denied April 29, 2003.
SMALL v. STANDARD ACCIDENT INS. CO., 144 Wn. 523 (1927)
258 P. 33 E.S. SMALL, Respondent, v. STANDARD ACCIDENT INSURANCE COMPANY, Appellant. No. 20597. Department Two.The Supreme Court of Washington. August 3, 1927. [1] INSURANCE (72) — AVOIDANCE OF POLICY — CONCEALMENT BY INSURED — KNOWLEDGE OF FACTS. Liability on an automobile accident policy cannot be denied on the ground of fraud in falsely stating […]
DURRAH v. WRIGHT, 150 Wn.2d 1004 (2003)
Durrah, et al., Petitioners, v. Wright, et al., Respondents. No. 73764-9.The Supreme Court of Washington. En Banc. September 30, 2003. Petition for review of a decision of the Court of Appeals, No. 28410-3-II, February 14, 2003, 115 Wn. App. 634. Denied.
STATE v. RINALDO, 98 Wn.2d 419 (1982)
655 P.2d 1141 THE STATE OF WASHINGTON, Respondent, v. THEODORE RINALDO, Petitioner. No. 48744-8.The Supreme Court of Washington. En Banc. December 22, 1982. [1] Criminal Law — Sexual Psychopaths — Review — Amenability to Treatment. The fact that a convicted person is found to be not amenable to treatment as a sexual psychopath does not […]
IN RE IMPOUNDMENT OF CHEVROLET TRUCK, 148 Wn.2d 145 (2002)
60 P.3d 53 IN THE MATTER OF THE IMPOUNDMENT OF CHEVROLET TRUCK, WASHINGTON LICENSE NO. A00125A. ALL AROUND UNDERGROUND, INC., Petitioner, v. THE WASHINGTON STATE PATROL, et al., Respondents. AMERICAN L.S. MAINTENANCE, INC., Respondent, v. THE WASHINGTON STATE PATROL, Petitioner. No. 71848-2.The Supreme Court of Washington. En Banc.Argued May 23, 2002. Decided December 12, 2002. […]
WASHAM v. WOOD, 177 Wn. 183 (1934)
31 P.2d 508 FRED F. WASHAM, as Assignee, Appellant, v. CHARLES F. WOOD, Respondent. No. 24586. Department Two.The Supreme Court of Washington. April 6, 1934. [1] SALES (143) — REMEDIES OF SELLER — ACTIONS FOR DAMAGES — RESALE BY SELLER. Where the purchaser breached its contract to take wheat from the threshing at $34 per […]
EDMONDS v. PACIFIC FRUIT PRODUCE CO., 171 Wn. 590 (1933)
18 P.2d 507 V.P. EDMONDS et al., Respondents, v. PACIFIC FRUIT PRODUCE COMPANY, Appellant. No. 24254. Department Two.The Supreme Court of Washington. February 2, 1933. [1] MUNICIPAL CORPORATIONS (445, 464) — TORTS — DEFECTIVE SIDEWALKS — LIABILITY OF ABUTTING OWNER — QUESTION FOR JURY. The negligence of an abutting owner and liability for defects in […]
GREGORY v. PEABODY, 153 Wn. 99 (1929)
279 P. 102 GEORGE W. GREGORY, Respondent, v. ALEXANDER PEABODY et al., Appellants. No. 21849. Department One.The Supreme Court of Washington. July 12, 1929. [1] APPEAL AND ERROR (473) — REVIEW — SUBSEQUENT APPEALS — FORMER DECISION AS LAW OF THE CASE. Instructions not given on the first appeal may be reviewed on a second […]
IN RE MYERS, 105 Wn.2d 257 (1986)
714 P.2d 303 In the Matter of the Personal Restraint of OBERT MYERS, Petitioner. No. 51793-2.The Supreme Court of Washington. En Banc. February 13, 1986. [1] Appeal and Error — Decisions Reviewable — Moot Questions — Public Interest. The Supreme Court may decide issues which, although moot, are of continuing and substantial public interest. The […]
IN RE DET. OF AUDETT v. AUDETT, 156 Wn.2d 1024 (2006)
133 P.3d 473 In re Det. of Audett. State, Petitioner, v. Audett, Respondent. No. 77576-1.The Supreme Court of Washington. April 4, 2006. Petition for review of a decision of the Court of Appeals, No. 53143-3-I, June 6, 2005, 127 Wn. App. 1051. Granted.
DuVON v. ROCKWELL INTERNATIONAL, 116 Wn.2d 749 (1991)
807 P.2d 876 DOUGLAS K. DuVON, Respondent, v. ROCKWELL INTERNATIONAL, Petitioner. No. 57139-2.The Supreme Court of Washington. En Banc. April 4, 1991. [1] Negligence — Duty — Question of Law or Fact. Whether a duty of care is owed to a party is a question of law. [2] Trial — Issues of Fact — Determination […]
STATE v. RAUM, 172 Wn. 680 (1933)
21 P.2d 291 THE STATE OF WASHINGTON, Respondent, v. W.L. RAUM, Appellant. No. 24374. Department One.The Supreme Court of Washington. April 21, 1933. [1] CRIMINAL LAW (123) — INTOXICATING LIQUORS (53) — EVIDENCE WRONGFULLY OBTAINED — PROBABLE CAUSE. Where accused consented to a search by Federal officers having a John Doe liquor search warrant, and […]
STATE v. SIVIIA, 170 Wn. 198 (1932)
15 P.2d 1113 THE STATE OF WASHINGTON, Respondent, v. EELI SIVIIA, Appellant. No. 24036. Department One.The Supreme Court of Washington. November 17, 1932. [1] CRIMINAL LAW (341) — TRIAL — WAIVER OF IRREGULARITIES — INSTRUCTIONS. In a criminal case, the accused may waive the reading of written instructions, required by Rule of Practice IV, Rem. […]
LANE v. DEPT. LAB. IND., 34 Wn.2d 692 (1949)
209 P.2d 380 E.D. LANE, Respondent and Cross-appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.[1] No. 30865.The Supreme Court of Washington. Department One. September 3, 1949. [1] Reported in 209 P.2d 380. [1] JUDGMENT — OPENING OR VACATING — DISCRETION OF COURT. The determination of an application to vacate a judgment rests, to a […]
STATE v. GREEN, 90 Wn.2d 52 (1978)
578 P.2d 855 THE STATE OF WASHINGTON, Respondent, v. THOMAS W. GREEN, ET AL, Defendants, ROBERT C. STUDEBAKER, ET AL, Appellants. No. 44191.The Supreme Court of Washington. En Banc. May 11, 1978. [1] Eminent Domain — Special Benefits — Effect. Special benefits are those benefits of added value or convenience accruing to a condemnee as […]
DAGGS v. SEATTLE, 110 Wn.2d 49 (1988)
750 P.2d 626 VICTOR DAGGS, Appellant, v. THE CITY OF SEATTLE, Respondent. ROSALIE E. STEPHENS, ET AL, Appellants, v. THE CITY OF SEATTLE, Respondent. NORMA J. JOHNSON, Respondent, v. JANE MATTSON, ET AL, Defendants, THE CITY OF SEATTLE, Petitioner. Nos. 53037-8, 53335-1, 53681-3.The Supreme Court of Washington. En Banc. February 18, 1988. [1] Municipal Corporations […]
STATE v. LANGSTEAD, 170 Wn.2d 1009 (2010)
249 P.3d 624 State, Respondent, v. Langstead, Petitioner. No. 84741-0.The Supreme Court of Washington. November 5, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 61869-5-I, April 12, 2010, 155 Wn. App. 448. Denied.
IN RE DISCIPLINE OF BURTCH, 162 Wn.2d 873 (2008)
175 P.3d 1070 In the Matter of the Disciplinary Proceeding Against JACK L. BURTCH, an Attorney at Law. No. 200,469-5.The Supreme Court of Washington.Argued October 16, 2007. Decided January 31, 2008. Page 874 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 875 […]
STATE EX REL. CITIZENS v. MURPHY, 151 Wn.2d 226 (2004)
88 P.3d 375 THE STATE OF WASHINGTON on the relation of Citizens Against Tolls (CAT), Appellant, v. MICHAEL J. MURPHY, as State Treasurer and Chair of the State Finance Committee, ET AL., Respondents. No. 73745-2.The Supreme Court of Washington.Argued September 18, 2003. Decided April 8, 2004. Page 227 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
STATE v. AIKEN, 135 Wn.2d 1004 (1998)
959 P.2d 126 State, Respondent, v. Aiken, Petitioner. No. 66465-0.The Supreme Court of Washington. June 2, 1998. Petition for review of a decision of the Court of Appeals, December 12, 1997, 88 Wn. App. 1052. Denied June 2, 1998.
DEAN v. JORDAN, 194 Wn. 661 (1938)
79 P.2d 331 WILLIAM H. DEAN et al., Appellants, v. EDITH M. JORDAN, as Administratrix, Respondent. No. 26885. Department One.The Supreme Court of Washington. May 12, 1938. [1] WILLS — TESTAMENTARY CAPACITY — PRESUMPTIONS AND BURDEN OF PROOF — INSANITY — SUFFICIENCY OF EVIDENCE. Where a will, rational on its face and executed in due […]
DAILEY v. NORTH COAST LIFE, 129 Wn.2d 572 (1996)
919 P.2d 589 JANET DAILEY, ET AL., Respondents, v. NORTH COAST LIFE INSURANCE COMPANY, ET AL., Petitioners. No. 63533-1.The Supreme Court of Washington. En Banc.Argued March 28, 1996. Decided July 25, 1996. Page 573 TALMADGE, JOHNSON, ALEXANDER, and SANDERS, JJ., dissent in part by separate opinion. Randall Danskin, P.S., by Carole L. Rolando, Richard C. […]
McKINNEY v. CUNNIFFE, 158 Wn.2d 1010 (2006)
McKinney, Petitioner, v. Cunniffe et al., Respondents. No. 78138-9.The Supreme Court of Washington. October 31, 2006. Petition for review of a decision of the Court of Appeals, No. 55631-2-I, November 28, 2005, 130 Wn. App. 1038. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
STATE v. BRITTON, 137 Wn. 360 (1926)
242 P. 377, 247 P. 9 THE STATE OF WASHINGTON, Respondent, v. GEORGE BRITTON, Appellant. No. 19485. Department One.The Supreme Court of Washington. January 14, 1926. [1] ARREST (6) — AUTHORITY TO ARREST WITHOUT WARRANT. Where a felony has been committed in L. county, which officers of that county had reason to believe was committed […]
GERBERG v. CROSBY, 52 Wn.2d 792 (1958)
329 P.2d 184 JEFFERSON M. GERBERG, Respondent, v. WILLIAM A. CROSBY et al., Appellants.[1] No. 34520.The Supreme Court of Washington. Department One. August 28, 1958. [1] Reported in 329 P.2d 184. [1] EVIDENCE — OPINION EVIDENCE — SUBJECTS OF EXPERT TESTIMONY. If the inferences to be drawn from physical facts are not a matter of […]
STATE v. SOHAPPY, 110 Wn.2d 907 (1988)
757 P.2d 509 THE STATE OF WASHINGTON, Respondent, v. STEVE GARY SOHAPPY, Petitioner. No. 54505-7.The Supreme Court of Washington. En Banc. July 7, 1988. [1] Fish — Indians — Jurisdiction — Criminal Jurisdiction — Reservation Land — “In-Lieu” Fishing Site. A fishing site set aside for Indians to replace fishing grounds destroyed by water backed […]
HANLEY v. MOST, 9 Wn.2d 474 (1941)
115 P.2d 951 ELIZABETH H. HANLEY, Appellant, v. JOE E. MOST et al., Respondents.[1] No. 28159.The Supreme Court of Washington. En Banc. July 17, 1941. [1] Reported in 115 P.2d 951. [1] APPEAL AND ERROR — RECORD — AFFIDAVITS. Matters occurring in the presence of the court must be shown by the court’s certificate, and […]
STATE v. GUERZON, 23 Wn.2d 242 (1945)
160 P.2d 603 THE STATE OF WASHINGTON, Respondent, v. MAXINE GUERZON, Appellant.[1] No. 29534.The Supreme Court of Washington. Department Two. July 5, 1945. [1] Reported in 160 P.2d 603. [1] CRIMINAL LAW — EVIDENCE — OTHER OFFENSES. Evidence of a collateral crime, while generally inadmissible, is proper for the purpose of showing motive; however, before […]
PINK v. RAYONIER, INC., 40 Wn.2d 188 (1952)
242 P.2d 174 ROBERT PINK, Appellant, v. RAYONIER, INC., Respondent.[1] No. 31739.The Supreme Court of Washington. Department Two. March 20, 1952. [1] Reported in 242 P.2d 174. [1] WORKMEN’S COMPENSATION — RIGHT TO BENEFIT — EFFECT ON RIGHT OF ACTION AGAINST THIRD PARTY. A self-employer, engaged in extrahazardous work as a trade or business, cannot […]
ERIKS v. DENVER, 118 Wn.2d 451 (1992)
824 P.2d 1207 ROBERT ERIKS, ET AL, Respondents, v. WILLIAM JAMES DENVER, ET AL, Appellants. No. 57235-6.The Supreme Court of Washington. En Banc. February 20, 1992. [1] Judgment — Summary Judgment — Review — Interpretation of Facts. When reviewing a summary judgment, an appellate court views all the facts and the reasonable inferences therefrom most […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 111 Wn.2d 1036 (1988)
The Supreme Court of Washington. Nostrand, et al, Petitioners, v. Kelly, et al, Respondents, No. 55694-6. Petition for review of a decision of the Court of Appeals, October 17, 1988, 52 Wn. App. 1055. Denied January 10, 1989. Elvins, et al, Petitioners, v. Thomas, et al, Respondents, No. 55695-4. Petition for review of a decision […]
STATE v. CORNELL, 152 Wn. 120 (1929)
277 P. 458 THE STATE OF WASHINGTON, Appellant, v. PERRIN CORNELL, Respondent. No. 21632. Department Two.The Supreme Court of Washington. May 9, 1929. [1] CRIMINAL LAW (439) — INSUFFICIENCY OF EVIDENCE — DISCRETION OF COURT. Granting defendant a new trial in a criminal case on the ground of insufficiency of the evidence will not be […]
STATE v. JORDEN, 160 Wn.2d 121 (2007)
156 P.3d 893 THE STATE OF WASHINGTON, Respondent, v. TIMOTHY ENRIQUE JORDEN, Petitioner. No. 76800-5.The Supreme Court of Washington.Argued January 26, 2006. Decided April 26, 2007. Page 122 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 123 Rebecca W. Bouchey, for petitioner. […]
STATE v. RIVAS, 170 Wn.2d 1015 (2010)
245 P.3d 775 State, Petitioner, v. Rivas, Respondent. No. 84974-9.The Supreme Court of Washington. December 1, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 28149-3-III, July 15, 2010, 156 Wn. App. 1052. Denied Page 1016
JOHNSON v. ASSOC. SAND GRAVEL CO., 71 Wn.2d 738 (1967)
430 P.2d 944 CATHERINE M. JOHNSON, Individually and as Executrix, Appellant, v. ASSOCIATED SAND GRAVEL COMPANY, INC., et al., Respondents.[*] No. 38905.The Supreme Court of Washington. Department One. August 3, 1967. [*] Reported in 430 P.2d 944. [1] Trial — Taking Case From Jury — Negligence as Matter of Law. In ruling on a motion […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 101 Wn.2d 1025 (1983)
The Supreme Court of Washington. Buck, et al, Petitioners, v. San Juan County, Respondent, No. 50581-1. Petition for review of a decision of the Court of Appeals, March 14, 1984, 37 Wn. App. 1002. Denied June 22, 1984. Knight, Vale Gregory, Respondent, v. McDaniel, et al, Petitioners, No. 50582-9. Petition for review of a decision […]
LOVELESS v. CHEHALIS, 133 Wn. 33 (1925)
233 P. 301 MILO J. LOVELESS, Appellant, v. THE CITY OF CHEHALIS et al., Respondents. No. 19021. Department Two.The Supreme Court of Washington. February 17, 1925. APPEAL (288, 400) — RECORD — STATEMENT OF FACTS — EXTENSION OF TIME FOR FILING. The discretion of the trial court in extending the time for filing a proposed […]
GAMACHE v. GAMACHE, 66 Wn.2d 822 (1965)
409 P.2d 859 LUCILE GAMACHE, Respondent, v. WILLIAM GAMACHE, Appellant.[*] No. 37664.The Supreme Court of Washington. Department Two. September 9, 1965. [*] Reported in 409 P.2d 859. [1] Divorce — Decree — Inclusion of Grounds Not Pleaded. Where a wife’s evidence in a divorce action overwhelmingly established that her husband had inflicted personal indignities upon […]
MARGOLA ASSOCIATES v. SEATTLE, 121 Wn.2d 625 (1993)
854 P.2d 23 MARGOLA ASSOCIATES, ET AL, Appellants, v. THE CITY OF SEATTLE, Respondent. No. 57920-2.The Supreme Court of Washington. En Banc. June 10, 1993. [1] Judgment — Summary Judgment — Review — Role of Appellate Court. When reviewing a summary judgment, an appellate court considers the facts most favorably toward the nonmoving party and […]
STATE v. CHANEY, 169 Wn.2d 1030 (2010)
241 P.3d 786 State, Respondent, v. Chaney, Petitioner. No. 84657-0.The Supreme Court of Washington. October 6, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 63231-1-I, April 12, 2010, 155 Wn. App. 1022. Denied.
SEABOARD DAIRY CREDIT CORP. v. PAULSEN, 174 Wn. 594 (1933)
25 P.2d 974 SEABOARD DAIRY CREDIT CORPORATION, Appellant, v. INGA PAULSEN et al., Respondents. No. 24437. En Banc.The Supreme Court of Washington. October 17, 1933. [1] CHATTEL MORTGAGES (43, 43-2) — LIEN AND PRIORITY — NOTICE AFFECTING PRIORITY — ACTUAL NOTICE — CREDITORS SUBSEQUENTLY ACQUIRING LIEN — SUBSEQUENT BONA FIDE MORTGAGEES. Notice at the time […]
COMSTOCK v. SMITH, 183 Wn. 94 (1935)
48 P.2d 255 H.C. COMSTOCK, Respondent, v. L.B. SMITH et al., Appellants. No. 25351. Department One.The Supreme Court of Washington. August 15, 1935. [1] AUTOMOBILES — LIABILITY FOR INJURIES — CONTRIBUTORY NEGLIGENCE — EVIDENCE — SUFFICIENCY. The evidence sustains a finding of no contributory negligence on the part of plaintiff whose car in the disfavored […]
LINDBERG v. STEELE, 5 Wn.2d 54 (1940)
104 P.2d 940 JOHN E. LINDBERG et al., Appellants, v. FREDDIE STEELE et al., Respondents.[1] No. 27891.The Supreme Court of Washington. Department Two. August 6, 1940. [1] Reported in 104 P.2d 940. [2] See 79 A.L.R. 1073; 5 Am. Jur. 757. [1] TRIAL — TAKING CASE OR QUESTION FROM JURY — HEARING AND DETERMINATION — […]
KERNS v. PICKETT, 47 Wn.2d 184 (1955)
287 P.2d 88 EDGAR KERNS et al., Appellants, v. ELMINA PICKETT et al., Respondents.[1] No. 33181.The Supreme Court of Washington. Department One. August 18, 1955. [1] Reported in 287 P.2d 88. [1] LANDLORD AND TENANT — LEASES — CONSIDERATION. Where a lease of farm land executed by the life tenant thereof made no mention of […]
STATE EX REL. ISHAM v. SPOKANE, 2 Wn.2d 392 (1940)
98 P.2d 306 THE STATE OF WASHINGTON, on the Relation of Gladys Isham, Appellant, v. THE CITY OF SPOKANE et al., Respondents.[1] No. 27482.The Supreme Court of Washington. Department One. January 23, 1940. [1] Reported in 98 P.2d 306. [1] MUNICIPAL CORPORATIONS — OFFICERS AND EMPLOYEES — POLICE MATRONS — REPEAL OF STATUTE. Chapter 15, […]
DEP’T OF MOTOR VEHICLES v. McELWAIN, 80 Wn.2d 624 (1972)
496 P.2d 963 THE STATE DEPARTMENT OF MOTOR VEHICLES, Respondent, v. DENNIS L. McELWAIN, Appellant. No. 42204.The Supreme Court of Washington. En Banc. May 11, 1972. [1] Intoxicating Liquors — Automobiles — Implied Consent — Capability to Refuse Test. A driver’s license to operate a motor vehicle may be suspended under RCW 46.20.308, which requires […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 106 Wn.2d 1003 (1986)
The Supreme Court of Washington. Mutual of Enumclaw Ins. Co., Respondent, v. Ogden, et al, Petitioners, No. 52683-4. Petition for review of a decision of the Court of Appeals, February 5, 1986, 42 Wn. App. 1067 Denied June 3, 1986. Grier, Respondent, v. Department of Empl. Sec., Petitioner, No. 52636-2. Petition for review of a […]
McKAY v. DEPT. OF LABOR AND INDUSTRIES, 180 Wn. 191 (1934)
39 P.2d 997 CLARA EVA McKAY, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant. No. 25316. Department Two.The Supreme Court of Washington. December 21, 1934. [1] MASTER AND SERVANT (20-1) — WORKMEN’S COMPENSATION — WIDOW’S PENSION — MARRIAGE SUBSEQUENT TO INJURY. Where an injured workman dies as the result of an accident, his widow […]
IN RE ROBINSON, 9 Wn.2d 525 (1941)
115 P.2d 734 In the Matter of the Guardianship of HESTER M. ROBINSON et al., Minors. THE GEORGE WASHINGTON FOUNDATION, Appellant, v. ROBERT S. TERHUNE, as Guardian, Respondent.[1] No. 28306.The Supreme Court of Washington. Department Two. July 25, 1941. [1] Reported in 115 P.2d 734. [1] GUARDIAN AND WARD — REMOVAL OF GUARDIAN — GROUNDS […]
STATE v. ORTEGA-MARTINEZ, 124 Wn.2d 702 (1994)
881 P.2d 231 THE STATE OF WASHINGTON, Respondent, v. ALEJANDRO ORTEGA-MARTINEZ, Petitioner. No. 60412-6.The Supreme Court of Washington. En Banc. September 29, 1994. [1] Criminal Law — Trial — Verdict — Unanimity — Necessity — In General. Under Const. art. 1, § 21, criminal defendants on trial in a court of record have a right […]
STATE v. HARRIS, 160 Wn.2d 1015 (2007)
161 P.3d 1027 State, Respondent, v. Harris, Petitioner. No. 79202-0.The Supreme Court of Washington. June 6, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 55561-8-I, August 7, 2006, 134 Wn. App. 1029. Denied.
BAXTER v. CENTRAL WEST CASUALTY CO., 186 Wn. 459 (1936)
58 P.2d 835 JAMES A. BAXTER et al., Respondents, v. CENTRAL WEST CASUALTY COMPANY, Appellant. No. 25893. Department Two.The Supreme Court of Washington. June 15, 1936. [1] JUDGMENT (215) — CONCLUSIVENESS — BAR AND MATTERS CONCLUDED — MATTERS WHICH MIGHT HAVE BEEN LITIGATED. While a judgment is generally res adjudicata as to every point properly […]
POSTEMA v. POLLUTION CONTROL HEARINGS BOARD, 142 Wn.2d 68 (2000)
11 P.3d 726 JOHN POSTEMA, and WALLACE L. JORGENSEN, Appellants, v. POLLUTION CONTROL HEARINGS BOARD; JAMES A. TUPPER, JR., ROBERT V. JENSEN, and RICHARD C. KELLEY, each in their official capacities as members of the Pollution Control Hearings Board; DEPARTMENT OF ECOLOGY; TOM FITZSIMMONS, in his official Capacity as director of the Department Of Ecology; […]
US WEST v. UTILS. AND TRANSP. COMM’N, 134 Wn.2d 48 (1997)
949 P.2d 1321 US WEST COMMUNICATIONS, INC., Appellant, v. UTILITIES AND TRANSPORTATION COMMISSION, Respondent. No. 64821-2.The Supreme Court of Washington. En Banc.Argued June 24, 1997. Decided December 24, 1997. Page 49 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 50 Appeal from […]
HESSLER v. MOORE, 188 Wn. 80 (1936)
61 P.2d 1001 ANNA MARIE HESSLER, as Administratrix, Appellant, v. JAMES MOORE et al., Respondents. No. 25969. En Banc.The Supreme Court of Washington. October 26, 1936. [1] DEATH (25) — ACTIONS FOR CAUSING — CAUSE OF DEATH — EVIDENCE — SUFFICIENCY. In an action against officers for wrongful death, through exposure of a prisoner who […]
SCHEIDLER v. KITSAP CTY. ASS., 170 Wn.2d 1004 (2010)
245 P.3d 226 Scheidler, Petitioner, v. Kitsap County Assessor, Respondent. No. 84814-9.The Supreme Court of Washington. November 2, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 38781-6-II, May 18, 2010, 156 Wn. App. 1007. Denied.
SAKKARAPOPE v. WASH. STATE UNIV., 170 Wn.2d 1022 (2011)
245 P.3d 774 Sakkarapope, Petitioner, v. Wash. State Univ., Respondent. The Supreme Court of Washington. No. 85123-9. January 5, 2011. Petition for review of a decision of the Court of Appeals, No. 64934-5-I, August 16, 2010, 157 Wn. App. 1035. Denied
SEATTLE v. BITTNER, 81 Wn.2d 747 (1973)
505 P.2d 126 THE CITY OF SEATTLE, Appellant, v. HAROLD G. BITTNER et al., Respondents. No. 42080.The Supreme Court of Washington. En Banc. January 11, 1973. [1] Theaters and Shows — Constitutional Law — Freedom of Speech — Motion Pictures — Restraints — Presumptions. Any restraint imposed upon motion pictures and plays, which are forms […]
STATE v. SANDERS, 160 Wn.2d 1013 (2007)
161 P.3d 1027 State, Respondent, v. Sanders, Petitioner. No. 79193-7.The Supreme Court of Washington. June 6, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 57202-4-I, July 31, 2006, 134 Wn. App. 1021. Denied. Page 1014
STATE v. HATUPIN, 190 Wn. 658 (1937)
70 P.2d 1039 THE STATE OF WASHINGTON, Respondent, v. JOHN HATUPIN, Appellant. No. 26643. Department Two.The Supreme Court of Washington. July 19, 1937. [1] CRIMINAL LAW — TIME OF TRIAL AND CONTINUANCE — RIGHT TO CONTINUANCE — DISCRETION OF COURT. It is not an abuse of discretion to require an immediate trial, after appointing two […]
STATE v. MERCER-DRUMMER, 156 Wn.2d 1038 (2006)
134 P.3d 233 State, Respondent, v. Mercer-Drummer, Petitioner. No. 77498-6.The Supreme Court of Washington. May 4, 2006. Petition for review of a decision of the Court of Appeals, No. 31837-7-II, July 26, 2005, 128 Wn. App. 625. Denied.
ROETHLER v. ST. MARTINS M. SPRINGS HOTEL CO., 154 Wn. 349 (1929)
282 P. 207 S.R. ROETHLER, Appellant, v. ST. MARTINS MINERAL SPRINGS HOTEL COMPANY et al., Respondents, SHIPHERDS HOT SPRINGS, Intervener-Respondent. No. 22030. Department One.The Supreme Court of Washington. November 19, 1929. [1] APPEAL AND ERROR (180) — REQUISITES — LIMITATIONS — APPEAL FROM FINAL JUDGMENTS. An appeal will be dismissed where it was not taken […]
LUND v. JOHNSON, 162 Wn. 525 (1931)
298 P. 702 CARL LUND et al., Respondents, v. OSCAR JOHNSON, Appellant. No. 22905. Department Two.The Supreme Court of Washington. May 12, 1931. [1] TRIAL (19) — RECEPTION OF EVIDENCE — EXCLUSION OF WITNESSES — DISCRETION. It is not an abuse of discretion to permit the county clerk, who remained at his desk in the […]
WILSON v. WASHINGTON CONCRETE PIPE CO., 178 Wn. 545 (1934)
35 P.2d 71 R.H. WILSON, Respondent, v. WASHINGTON CONCRETE PIPE COMPANY et al., Appellants. No. 25010. Department Two.The Supreme Court of Washington. August 15, 1934. [1] AUTOMOBILES — NEGLIGENCE — EVIDENCE — ADMISSIONS — ADMISSIBILITY. In an action for damages to a car, upon an issue as to the contributory negligence and drunken condition of […]
WALKER v. ZAUGG, 140 Wn. 127 (1926)
248 P. 81 CLAUDE T. WALKER et al., Respondents, v. ALFRED ZAUGG, Defendant, ERNEST ZAUGG, Appellant. No. 20044. Department One.The Supreme Court of Washington. August 4, 1926. [1] FRAUDULENT CONVEYANCE (92) — EVIDENCE — SUFFICIENCY — TRANSACTIONS BETWEEN RELATIVES. Findings that the conveyance of land to a brother was in fraud of creditors are sustained, […]
STATE EX REL. MODEL ETC. CO. v. DEPT. PUB. SERV., 1 Wn.2d 206 (1939)
95 P.2d 392 THE STATE OF WASHINGTON, on the Relation of The Model Water Light Company, Appellant, v. THE DEPARTMENT OF PUBLIC SERVICE et al., Respondents.[1] No. 27442.The Supreme Court of Washington. Department One. November 3, 1939. [1] Reported in 95 P.2d 392. [1] ELECTRICITY — ELECTRIC COMPANIES — CHARGES FOR SERVICE — OVERCHARGES. On […]
GOLDEN GATE ETC. v. VELSICOL CH’M. CORP., 66 Wn.2d 469 (1965)
403 P.2d 351 GOLDEN GATE HOP RANCH, INC., Respondent, v. VELSICOL CHEMICAL CORPORATION, Appellant.[*] No. 37411.The Supreme Court of Washington. Department One. June 17, 1965. [*] Reported in 403 P.2d 351. [1] Courts — Jurisdiction — Tort-feasor Outside State. A tortious act was committed in the state, within the meaning of RCW 4.28.185 so as […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 89 Wn.2d 1012 (1977)
The Supreme Court of Washington. In re Wentworth, No. 45062. Petition for review of a decision of the Court of Appeals, May 23, 1977, 17 Wn. App. 644. Denied December 16, 1977. State, Respondent, v. Butler, Petitioner, No. 45063. Petition for review of a decision of the Court of Appeals, May 24, 1977, 17 Wn. […]
MAURY v. TOLEDO LOGGING CO., 163 Wn. 563 (1931)
1 P.2d 896 H.J. MAURY, Respondent, v. TOLEDO LOGGING COMPANY et al., Defendants, TOLEDO STATE BANK, Appellant. No. 23065. Department One.The Supreme Court of Washington. July 22, 1931. [1] GARNISHMENT (17) — PROPERTY SUBJECT TO GARNISHMENT — OWNERSHIP OF PROPERTY — DEPOSITS IN BANK. A check for $10,000 deposited by a judgment debtor in the […]
AMERICAN ETC. CO. v. BACKSTROM, 47 Wn.2d 77 (1955)
287 P.2d 124 AMERICAN FIDELITY AND CASUALTY COMPANY, Appellant, v. ERNEST A. BACKSTROM et al., Respondents.[1] No. 33062.The Supreme Court of Washington. Department One. July 28, 1955. [1] Reported in 287 P.2d 124. [1] INSURANCE — INSURANCE AGENTS — EVIDENCE AS TO AGENCY — SUFFICIENCY. A local agent producer for the underwriting managers of an […]
STATE v. GUILLEN, 153 Wn.2d 1019 (2005)
State, Respondent, v. Guillen, Petitioner. No. 75770-4.The Supreme Court of Washington. March 1, 2005. Petition for review of a decision of the Court of Appeals, No. 50904-7-I, June 21, 2004, 122 Wn. App. 1003. Denied.
GANGE LUMBER CO. v. ROWLEY, 22 Wn.2d 250 (1945)
155 P.2d 802 GANGE LUMBER COMPANY, Appellant, v. RALPH ROWLEY et al., Respondents.[1] No. 29541.The Supreme Court of Washington. En Banc. January 27, 1945. [1] Reported in 155 P.2d 802. [1] APPEAL AND ERROR — REVIEW — SUBSEQUENT APPEALS — FORMER DECISION AS LAW OF CASE. When the supreme court passes upon a question and […]
STATE v. MITCHELL, 149 Wn.2d 1033 (2003)
State, Respondent, v. Mitchell, Petitioner. No. 73617-1.The Supreme Court of Washington. September 5, 2003. Petition for review of a decision of the Court of Appeals, No. 28088-4-II, December 13, 2002, 114 Wn. App. 1062. Denied September 5, 2003.
ENBODY v. HARTFORD ACCIDENT INDEM. CO., 147 Wn. 237 (1928)
265 P. 734 J.A. ENBODY et al., Respondents, v. HARTFORD ACCIDENT INDEMNITY COMPANY, Appellant. No. 20855. Department Two.The Supreme Court of Washington. March 27, 1928. [1] FORCIBLE ENTRY AND DETAINER (12) — DAMAGES. Deprivation of the use of premises is not an element of damages in an action of forcible entry and detainer, where there […]
DISCIPLINE OF DYNAN, 152 Wn.2d 601 (2004)
In the Matter of the Disciplinary Proceeding Against MARK J. DYNAN, an Attorney at Law. No. 12161-3.The Supreme Court of Washington.Argued March 9, 2004. Decided September 30, 2004. As amended by order of the Supreme Court November 30, 2004. Page 602 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
ALLEN v. KRAMER, 170 Wn.2d 1011 (2010)
245 P.3d 772 Allen et al., Petitioners, v. Kramer et ah, Respondents. No. 84832-7.The Supreme Court of Washington. November 30, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 28349-6-III, June 22, 2010, 156 Wn. App. 1041. Denied
STATE v. STEINER, 154 Wn.2d 1008 (2005)
State, Respondent, v. Steiner, Petitioner. No. 76130-2.The Supreme Court of Washington. May 3, 2005. Petition for review of a decision of the Court of Appeals, No. 30241-1-II, August 17, 2004, 122 Wn. App. 1076. Denied.
SCHULTZ v. ANDERSON, 191 Wn. 326 (1937)
71 P.2d 365 JAKE SCHULTZ et al., Respondents, v. WALTER A. ANDERSON et al., Appellants. No. 26435. En Banc.The Supreme Court of Washington. August 30, 1937. [1] APPEAL AND ERROR — STATEMENT OF FACTS — TIME FOR FILING. A proposed statement of facts not filed within the ninety-day period prescribed by Rem. Rev. Stat., § […]
STATE EX REL. CORBETT v. SUPERIOR COURT, 183 Wn. 373 (1935)
48 P.2d 617 THE STATE OF WASHINGTON, on the Relation of A.V. Corbett et al., Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY et al., Respondents. No. 25681. Department Two.The Supreme Court of Washington. August 31, 1935. [1] APPEAL AND ERROR (397) — REVIEW — PRESUMPTIONS — FINDINGS. Findings of fact being unnecessary in an […]
IN RE MARRIAGE OF JOHNSON, 170 Wn.2d 1023 (2011)
245 P.3d 774 In re Marriage of Johnson. The Supreme Court of Washington. No. 85134-4. January 5, 2011. Petition for review of a decision of the Court of Appeals, No. 39109-1-II, August 24, 2010, 157 Wn. App. 1044. Denied
STRANDBERG v. NORTH. PAC. R. CO., 59 Wn.2d 259 (1961)
367 P.2d 137 CARL F. STRANDBERG, Respondent, v. NORTHERN PACIFIC RAILWAY COMPANY, Appellant.[*] No. 35944.The Supreme Court of Washington. Department One. December 21, 1961. [*] Reported in 367 P.2d 137. [1] NEGLIGENCE — ACTIONS — TRIAL — QUESTIONS FOR JURY — EVIDENCE. In an action for personal injuries, the trial court did not err in […]
JAMES v. ROBECK, 79 Wn.2d 864 (1971)
490 P.2d 878 EMBERT JAMES, Petitioner, v. BEN J. ROBECK et al., Respondents. No. 41790.The Supreme Court of Washington. En Banc. November 18, 1971. [1] Damages — Excessive Damages — Passion or Prejudice — Test — Amount. If a verdict is reasonably within the range of the proven damages, whether conflicting or not, and if […]
STATE v. PALMER, 159 Wn.2d 1008 (2007)
State, Respondent, v. Palmer, Petitioner. No. 77739-0.The Supreme Court of Washington. March 6, 2007. Petition for review of a decision of the Court of Appeals, No. 54696-1-I, September 12, 2005, 129 Wn. App. 1019. Denied.
THEOBALD v. SATTERTHWAITE, 30 Wn.2d 92 (1948)
190 P.2d 714 EVERETT THEOBALD et al., Respondents, v. GUY SATTERTHWAITE et al., Appellants.[1] No. 30355.The Supreme Court of Washington. Department One. March 11, 1948. [1] Reported in 190 P.2d 714. [1] BAILMENT — NATURE AND ELEMENTS — EXISTENCE OF BAILMENT — BAILEE’S KNOWLEDGE OF POSSESSION. Knowledge by an alleged bailee of the possession of […]
JEWETT v. KERWOOD, 43 Wn.2d 691 (1953)
263 P.2d 830 ROLLIN JEWETT, Appellant, v. TED KERWOOD, Respondent.[1] No. 32492.The Supreme Court of Washington. Department One. November 19, 1953. [1] Reported in 263 P.2d 830. [1] WORKMEN’S COMPENSATION — EFFECT OF ACT ON OTHER RIGHTS OF ACTION — RELATION OF PARTIES TO COMPENSATION ACT. An injured workman entitled to compensation under the workmen’s […]
ISLAND LIME CO. v. SEATTLE, 133 Wn. 270 (1925)
233 P. 273 ISLAND LIME COMPANY, Respondent, v. THE CITY OF SEATTLE, Appellant. No. 18954. Department One.The Supreme Court of Washington. March 4, 1925. MUNICIPAL CORPORATIONS (190, 197) — STREETS — IMPROVEMENTS — DAMAGES — REMOVAL OF LATERAL SUPPORT — PLEADING — COMPLAINT — SUFFICIENCY. A complaint against a city for the removal of lateral […]
STATE v. BRADFORD, 169 Wn.2d 1031 (2010)
241 P.3d 786 State, Respondent, v. Bradford, Petitioner. No. 84797-5.The Supreme Court of Washington. October 6, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, Nos. 62146-7-I and 62842-9-I, June 1, 2010, 156 Wn. App. 1015. Denied.
STATE v. SMITH, 115 Wn.2d 434 (1990)
798 P.2d 1146 THE STATE OF WASHINGTON, Respondent, v. JOHN P. SMITH, Petitioner. No. 56591-1.The Supreme Court of Washington. En Banc. October 25, 1990. [1] Intellectual Property — Copyright — Exclusivity of Federal Law — Preemption of State Prosecution. The exclusivity provision of the federal copyright statute (17 U.S.C. § 301) does not preempt a […]
SILVER SURPRIZE v. SUNSHINE MINING, 88 Wn.2d 64 (1977)
558 P.2d 186 SILVER SURPRIZE, INC., Respondent, v. SUNSHINE MINING COMPANY, Appellant. No. 44246.The Supreme Court of Washington. En Banc. January 6, 1977. [1] Tenancy in Common — Bar to Assertion of Rights — Ouster — Necessity. A statute of limitation and the doctrine of laches do not begin to operate to prevent a cotenant […]
STATE v. JOHNSTON, 172 Wn.2d 1020 (2011)
262 P.3d 64 State, Respondent, v. Johnston, Petitioner. No. 86213-3.The Supreme Court of Washington. September 27, 2011. Petition for review of a decision of the Court of Appeals, No. 39999-7-II, April 26, 2011, 161 Wn. App. 1023. Denied.
TRINH v. SEATTLE CITY LIGHT, 165 Wn.2d 1048 (2009)
Phi Trinh et al., Respondents, v. Seattle City Light, Petitioner. No. 82275-1.The Supreme Court of Washington. April 29, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 59763-9-I, June 16, 2008, 145 Wn. App. 1011. Granted on a specific […]
HITE v. CASHMERE CEMETERY ASS’N, 158 Wn. 421 (1930)
290 P. 1008 E.O. HITE et al., Appellants, v. CASHMERE CEMETERY ASSOCIATION et al., Respondents. SAMUEL REID, Appellant, v. CASHMERE CEMETERY ASSOCIATION et al., Respondents. No. 22434. Department Two.The Supreme Court of Washington. September 8, 1930. [1] NUISANCE (3) — PRIVATE NUISANCES — ACTS CAUSING NUISANCE — CEMETERIES. In an action to enjoin the use […]
HOLDRIDGE v. GARRETSON, 152 Wn. 226 (1929)
277 P. 982 P.B. HOLDRIDGE, Appellant, v. LLOYD GARRETSON et al., Respondents. No. 21491. Department Two.The Supreme Court of Washington. May 22, 1929. [1] ARBITRATION AND AWARD (2, 6) — AGREEMENTS — CONSTRUCTION — FAILURE TO ARBITRATE — POWER OF COURTS. The courts can not fix the price, as upon an abortive arbitration, where the […]
STATE v. JONES, 163 Wn.2d 1044 (2008)
State, Respondent, v. Jones, Petitioner. No. 80754-0.The Supreme Court of Washington. June 4, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 25229-9-III, September 12, 2007. Denied.