Legal Opinion

Wharton v. Department of Labor & Industries

Washington Supreme Court

Decided January 24, 1963No. 35736PublishedCited by 10 opinions

1Opinion of the Court

The defendant, the Department of Labor and Industries, appeals from a judgment for the plaintiff in an industrial insurance case.

The primary issue raised by several assignments of error challenges the sufficiency of the evidence to sustain the verdict for the plaintiff. Before considering the evidence, it is well to repeat the applicable rule in considering the sufficiency of the evidence to support a verdict. It was stated by the late Judge Olson in Arnold v. Sanstol, 43 Wn. (2d) 94, 98, 260 P. (2d) 327, as follows:

“A verdict will not be set aside unless the court can say, as a matter of…

2Cases cited6 opinions

  1. Arnold v. SanstolWashington Supreme Court · 1953
  2. Rettinger v. BresnahanWashington Supreme Court · 1953
  3. State v. WillisWashington Supreme Court · 1925
  4. McEachran v. Rothschild CompanyWashington Supreme Court · 1925
  5. Wilson v. Pacific Power & Light Co.Washington Supreme Court · 1933

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Bland v. MentorWashington Supreme Court · 1963
  2. Kuster v. Gould National BatteriesWashington Supreme Court · 1967
  3. Hewitt v. Spokane, Portland & Seattle Railway Co.Washington Supreme Court · 1965
  4. Spinelli v. Economy Stations, Inc.Washington Supreme Court · 1967
  5. Vaupell Industrial Plastics, Inc. v. Department of Labor & IndustriesCourt of Appeals of Washington · 1971

5 more not listed; retrieve them via the Exa API.

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