Revised Code of Washington
Wash. Rev. Code § 4.08.110 (2026)
Action by public corporations
✓ current as of May 2026
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An action at law may be maintained by any county, incorporated town, school district or other public corporation of like character, in its corporate name, and upon a cause of action accruing to it, in its corporate character and not otherwise, in any of the following cases:
(1) Upon a contract made with such public corporation;
(2) Upon a liability prescribed by law in favor of such public corporation;
(3) To recover a penalty or forfeiture given to such public corporation;
(4) To recover damages for an injury to the corporate rights or property of such public corporation.
[ 1953 c 118 s 1. Prior: Code 1881 s 661; 1869 p 154 s 601; RRS s 950.]
Notes of Decisions
Cited in 10
cases, 1960–2020 · leading case: Babcock v. Sch. Dist. No. 17 of Clallam Cty., 358 P.2d 547 (Wash. 1961).
Babcock v. Sch. Dist. No. 17 of Clallam Cty., 358 P.2d 547 (Wash. 1961). “231 (RCW 4.08.110, 4.08.120), repeal by implication Laws of 1917, chapter 92, p.”
Tardiff v. Shoreline Sch. Dist., 411 P.2d 889 (Wash. 1966). “030 and said: “Considering the rule relative to legislative intent, we find that, in the 1953 session of the legislature, two bills were introduced relating to the subject of governmental immunity, namely, House Bills Nos.”
Rhea v. Grandview Sch. Dist. No. JT 116-200, 694 P.2d 666 (Wash. Ct. App. 1985). “120: An action may be maintained against a county or other of the public corporations mentioned or described in *560 RCW 4.08.110 [any county, incorporated town, school district or other public corporation of like character], either upon a contract made by such county, or other…”
Sherwood v. Moxee Sch. Dist. No. 90, 363 P.2d 138 (Wash. 1961). “154 (RCW 4.08.110)), school districts are vicariously liable for negligence.”
Coates v. Tacoma Sch. Dist. No. 10, 347 P.2d 1093 (Wash. 1960). “An action may be maintained against a county or other of the public corporations mentioned or described in RCW 4.08.110, either upon a contract made by such county, or other public corporation in its corporate character and within the scope of its authority, or for an injury to…”
Chappel v. Franklin Pierce Sch. Dist. No. 402, 426 P.2d 471 (Wash. 1967). “On this score appellant, in essence, argues that enactment of the state tort claims act of 1961, together with its amendment in 1963, repealed by implication the italicized portion of RCW 4.”
Seattle Police Officers Guild v. City of Seattle, 53 P.3d 1036 (Wash. Ct. App. 2002). “SMC § 4.08.110(A). The Chief of Police has discretion to promote any candidate on the certification.”
MacY v. Town of Chelan, 369 P.2d 508 (Wash. 1962). “"An action may be maintained against a county or other of the public corporations mentioned or described in RCW 4.08.110, either upon a contract made by such county, or other public corporation in its corporate character and within the scope of its authority, or for an injury to…”
Gabrielson v. State, 408 P.2d 1020 (Wash. 1965). ““An action may be maintained against a county or other of the public *620 corporations mentioned or described in RCW 4.08.110, either upon a contract made by such county, or other public corporation in its corporate character and within the scope of its authority, or for an…”
W.H. v. Olympia Sch. Dist. (Wash. 2020). “120 reads: An action may be maintained against a county or other of the public corporations mentioned or described in RCW 4.08.110, [which includes school districts,] either upon a contract made by such county, or other public corporation in its corporate character and within…”
— Wash. Rev. Code § 4.08.110(A) — 1 case
Seattle Police Officers Guild v. City of Seattle, 53 P.3d 1036 (Wash. Ct. App. 2002). “SMC § 4.08.110(A). The Chief of Police has discretion to promote any candidate on the certification.”
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