discussed principle (Washington) · Go Syfert
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discussed principle in Washington

15 Washington opinions name it 3 courts 1967–2022 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Miller v. Jarmangreen
washctapp · 1970 · cited in 1 Washington opinions naming this issue, 2013–2013
2 sentences

2013App. 599 , 23 P.3d 1128 (2001) in which the court discussed the presumption of permissive use rather than the inference of permissive use in a developed land case). 40 Id at 154. 41 Miller v.Jarman, 2 Wn.

2013App. 994, 997 , 471 P.2d 704 (1970) ("A friendly relationship between parties is a circumstance more suggestive of permissive use than adverse use."). 42 Whyte argues the record does not contain evidence of Skidmore's relationship to the owners of the Jack parcel after Skugstad, who owned the land from 10 No. 69174-1-1/11 the Skidmores occasionally drove was not the sole area which the Skidmores used as a turnaround, nor was it the only means by which the Skidmores could enter or exit the driveway.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Staples v. United States green
scotus · 1994
2 sentences

2004The Court discussed the principle in Staples v. United States, 511 U.S. 600, 607 , 114 S.Ct. 1793, 1798 , 128 L.Ed.2d 608 (1994): [t]ypically, our cases recognizing such offenses involve statutes that regulate potentially harmful or injurious items.

2004The Court discussed the principle in Staples v. United States, 511 U.S. 600, 607 , 114 S.Ct. 1793, 1798 , 128 L.Ed.2d 608 (1994): [t]ypically, our cases recognizing such offenses involve statutes that regulate potentially harmful or injurious items.

22003–2004
Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp. green
wash · 1993
2 sentences

2004(Emphasis added.) In Washington State Physicians Insurance Exchange & Ass’n v. Fisons Corp., 122 Wn.2d 299, 339 , 858 P.2d 1054 (1993), the court discussed the standard of review of monetary sanctions imposed under CR 11 and CR 26(g) (attorney certification of answers to discovery requests).

2004(Emphasis added.) In Washington State Physicians Insurance Exchange & Ass’n v. Fisons Corp., 122 Wn.2d 299, 339 , 858 P.2d 1054 (1993), the court discussed the standard of review of monetary sanctions imposed under CR 11 and CR 26(g) (attorney certification of answers to discovery requests).

22004–2004
State ex rel. Galbraith v. Superior Court green
wash · 1910
2 sentences

2001Galbraith v. Superior Court, 59 Wash. 621, 629 , 110 P. 429 (1910), the court discussed this principle in the context of beneficial use of water.

2001Galbraith v. Superior Court, 59 Wash. 621, 629 , 110 P. 429 (1910), the court discussed this principle in the context of beneficial use of water.

22001–2001
Tabert v. Zier neutral
wash · 1962
2 sentences

1972In Tabert v. Zier, 59 Wn.2d 524 , 368 P.2d 685 (1962), this court discussed the defense of assumption of risk and suggested that the knowledge and appreciation by the plaintiff is to be directed toward the particular danger or risk which ends in the plaintiff’s injury.

1972In Tabert v. Zier, 59 Wn.2d 524 , 368 P.2d 685 (1962), this court discussed the defense of assumption of risk and suggested that the knowledge and appreciation by the plaintiff is to be directed toward the particular danger or risk which ends in the plaintiff’s injury.

21967–1972
Ron Applegate v. Lucky Bail Bonds, Inc. neutral
washctapp · 2016
2 sentences

2022Division One of this court discussed that privilege in Applegate v. Lucky Bail Bonds, Inc., 197 Wn.

2022App. 153, 155 , 387 P.3d 1128 (2016), holding that the Restatement (Second) of Torts §§ 205 and 206 correctly stated the scope of a bail bond recovery agent’s privilege to enter land 17 No. 37925-6-III State v. Alefteras and dwellings.

12022–2022
Oregon v. Ice green
scotus · 2009
2 sentences

2021Since the court discussed the factors that justify imposing an exceptional sentence but did not believe it was imposing an 1 Oregon v. Ice, 555 U.S. 160 , 129 S. Ct. 711 , 172 L.

2021Since the court discussed the factors that justify imposing an exceptional sentence but did not believe it was imposing an 1 Oregon v. Ice, 555 U.S. 160 , 129 S. Ct. 711 , 172 L.

12021–2021
Kunkel v. Fisher green
washctapp · 2001
1 sentence

2013App. 599 , 23 P.3d 1128 (2001) in which the court discussed the presumption of permissive use rather than the inference of permissive use in a developed land case). 40 Id at 154. 41 Miller v.Jarman, 2 Wn.

12013–2013
State ex rel. Case v. Superior Court green
wash · 1914
1 sentence

2006Case v. Superior Court for Thurston County, 81 Wash. 623 , 143 P. 461 (1914), the Court discussed the standard for legislation to facilitate the right of initiative and referendum.

12006–2006
Alaska Coast Co. v. Alaska Barge Co. green
wash · 1914
1 sentence

2006Case v. Superior Court for Thurston County, 81 Wash. 623 , 143 P. 461 (1914), the Court discussed the standard for legislation to facilitate the right of initiative and referendum.

12006–2006
United States v. Balint green
scotus · 1922
2 sentences

2004In such situations, we have reasoned that as long as a defendant knows that he is dealing with a dangerous device of a character that places him in responsible relation to a public danger, [ United States v. Dotterweich, 320 U.S. 277, 281 , 64 S.Ct. 134, 136 , 88 L.Ed. 48 (1943) ] he should be alerted to the probability of strict regulation, and we have assumed that in such cases Congress intended to place the burden on the defendant to ascertain at his peril whether [his *629 conduct] comes within the inhibition of the statute. [ United States v. Balint, 258 U.S. 250, 254 , 42 S.Ct. 301, 303

2004In such situations, we have reasoned that as long as a defendant knows that he is dealing with a dangerous device of a character that places him in responsible relation to a public danger, [ United States v. Dotterweich, 320 U.S. 277, 281 , 64 S.Ct. 134, 136 , 88 L.Ed. 48 (1943) ] he should be alerted to the probability of strict regulation, and we have assumed that in such cases Congress intended to place the burden on the defendant to ascertain at his peril whether [his *629 conduct] comes within the inhibition of the statute. [ United States v. Balint, 258 U.S. 250, 254 , 42 S.Ct. 301, 303

12004–2004
United States v. Dotterweich green
scotus · 1943
2 sentences

2004In such situations, we have reasoned that as long as a defendant knows that he is dealing with a dangerous device of a character that places him in responsible relation to a public danger, [ United States v. Dotterweich, 320 U.S. 277, 281 , 64 S.Ct. 134, 136 , 88 L.Ed. 48 (1943) ] he should be alerted to the probability of strict regulation, and we have assumed that in such cases Congress intended to place the burden on the defendant to ascertain at his peril whether [his *629 conduct] comes within the inhibition of the statute. [ United States v. Balint, 258 U.S. 250, 254 , 42 S.Ct. 301, 303

2004In such situations, we have reasoned that as long as a defendant knows that he is dealing with a dangerous device of a character that places him in responsible relation to a public danger, [ United States v. Dotterweich, 320 U.S. 277, 281 , 64 S.Ct. 134, 136 , 88 L.Ed. 48 (1943) ] he should be alerted to the probability of strict regulation, and we have assumed that in such cases Congress intended to place the burden on the defendant to ascertain at his peril whether [his *629 conduct] comes within the inhibition of the statute. [ United States v. Balint, 258 U.S. 250, 254 , 42 S.Ct. 301, 303

12004–2004
Franklin County Sheriff's Office v. Sellers green
wash · 1982
2 sentences

1983Sheriffs Office v. Sellers, 97 Wn.2d 317, 324 , 646 P.2d 113 (1982), the court discussed this standard: The present test allows for greater judicial scrutiny of agency fact-finding as the reviewing court can declare a finding to be clearly erroneous "when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." (Citation omitted.) It is the duty of this reviewing court to "search the entire record for evidence both supportive of and contrary to the agency's findings", Franklin Cy.

1983Sheriffs Office v. Sellers, 97 Wn.2d 317, 324 , 646 P.2d 113 (1982), the court discussed this standard: The present test allows for greater judicial scrutiny of agency fact-finding as the reviewing court can declare a finding to be clearly erroneous "when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." (Citation omitted.) It is the duty of this reviewing court to "search the entire record for evidence both supportive of and contrary to the agency's findings", Franklin Cy.

11983–1983
Cobbs v. Grant green
cal · 1972
2 sentences

1979The inquiry as to each item of information which the doctor knows or should know about the patient's physical condition is "Would the patient as a human being consider this item in choosing his or her course of treatment?" Cobbs v. Grant [ 8 Cal.3d 229 , 502 P.2d 1 , 104 Cal. Rptr. 505 (1972)] referring to the Canterbury case [ Canterbury v. Spence, 464 F.2d 772 (D.C.

1979The inquiry as to each item of information which the doctor knows or should know about the patient's physical condition is "Would the patient as a human being consider this item in choosing his or her course of treatment?" Cobbs v. Grant [ 8 Cal.3d 229 , 502 P.2d 1 , 104 Cal. Rptr. 505 (1972)] referring to the Canterbury case [ Canterbury v. Spence, 464 F.2d 772 (D.C.

11979–1979
Miller v. Kennedy green
washctapp · 1974
2 sentences

1979App. 272 , 522 P.2d 852 (1974), the court discussed the doctrine of informed consent at pages 282-86: The scope of the duty to disclose information concerning the treatment proposed, other treatments and the risks of each course of action and of no treatment at all is measured by the patient's need to know.

1979App. 272 , 522 P.2d 852 (1974), the court discussed the doctrine of informed consent at pages 282-86: The scope of the duty to disclose information concerning the treatment proposed, other treatments and the risks of each course of action and of no treatment at all is measured by the patient's need to know.

11979–1979
Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body Corporate green
cadc · 1972
2 sentences

1979The inquiry as to each item of information which the doctor knows or should know about the patient's physical condition is "Would the patient as a human being consider this item in choosing his or her course of treatment?" Cobbs v. Grant [ 8 Cal. 3d 229 , 502 P.2d 1 , 104 Cal. Rptr. 505 (1972)] referring to the Canterbury case [Canterbury v. Spence, 464 F.2d 772 (D.C.

1979The inquiry as to each item of information which the doctor knows or should know about the patient's physical condition is "Would the patient as a human being consider this item in choosing his or her course of treatment?" Cobbs v. Grant [ 8 Cal.3d 229 , 502 P.2d 1 , 104 Cal. Rptr. 505 (1972)] referring to the Canterbury case [ Canterbury v. Spence, 464 F.2d 772 (D.C.

11979–1979
Greene v. Rothschild green
wash · 1965
2 sentences

1970In Greene v. Rothschild, 68 Wn.2d 1, 8 , 402 P.2d 356 , 414 P.2d 1013 (1965) the court discussed the doctrine of the law of the case at length.

1970In Greene v. Rothschild, 68 Wn.2d 1, 8 , 402 P.2d 356 , 414 P.2d 1013 (1965) the court discussed the doctrine of the law of the case at length.

11970–1970

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 143 (1942–2024) AL 48 (1925–2023) IL 48 (1906–2024) OH 43 (1951–2024) TX 42 (1924–2021) TN 37 (1991–2021) CA 31 (1916–2025) MI 30 (1941–2025) WV 25 (1978–2024) MS 22 (1983–2021) MO 20 (1961–2024) PA 20 (1963–2026) KS 18 (1959–2021) FL 17 (1976–2025) WA 15 (1967–2022) MD 15 (1966–2023) IN 14 (1945–2025) ID 12 (1972–2016) ND 11 (1972–2014) NC 11 (1938–2013) MT 11 (1940–2008) WI 11 (1970–2016) AR 10 (1938–2012) OR 10 (1971–2021) NY 9 (1903–2026) VA 8 (1984–2012) NM 8 (1962–2012) GA 7 (1933–2026) OK 7 (1954–2018) NJ 6 (1935–2015) CT 6 (1967–2000) KY 5 (1992–2023) CO 5 (1976–2024) IA 5 (1935–2019) MN 5 (1977–2002) HI 4 (1998–2025) AZ 4 (1945–2023) NE 3 (1978–2024) WY 3 (1976–2008) AK 3 (1977–1994) ME 3 (1986–2025) RI 2 (2001–2024) MA 2 (1978–2025) SC 2 (1950–1984) UT 2 (1995–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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