Feb. 20, 1890 Supreme Court of Appeals of Virginia 86 Va. 618 Blantonv.Richmond, F. & P. Railroad Co.; Richmond, F. & P. Railroad Co. v. Blanton Richmond. SYLLABUS 1. Railroad companies—Lateral branches.—Where by its charter, power is given railroad company to construct branch or lateral roads, such power includes authority to construct a branch line running in […]
Category: Virginia Supreme Court Opinions
CARPENTER v. GARRETT, 75 Va. 129 (1880)
75 Va. 129 Supreme Court of Appeals of Virginia. CARPENTER v. GARRETT AND ALS. Dec. 17, 1880. HEADNOTES 1. To entitle a husband surviving his wife to courtesy in her real estate four things are necessary: 1st, marriage ; 2d, actual seizin in the wife ; 3d, issue born alive ; 4th, death of the […]
KISER v. A.W. CHESTERTON CO., 285 Va. 12 (2013)
736 S.E.2d 910 (2013)285 Va. 12 Phyllis H. KISER, Executrix of the Estate of Orvin H. Kiser, Sr., Deceased v. A.W. CHESTERTON CO., et al. Record No. 120698.Supreme Court of Virginia.January 10, 2013. Counsel *913 Robert R. Hatten, Newport News, (Donald N. Pattern; Hugh B. McCormick; William W.C. Harty, Newport News; Erin E. Jewell; F. […]
COPENHAVER v. PENDLETON, 155 Va. 463 (1930)
155 Va. 463 (1930) MRS. E. M. COPENHAVER, ET ALS. v. J. SHEFFEY PENDLETON, ET ALS. Supreme Court of Virginia. November 13, 1930.James White Sheffey and Buchanan & Buchanan, for the appellants. George F. Cook and William A. Stuart for the appellees. Present, Prentis, C.J., and Epes, Hudgins, Gregory and Browning, JJ. 1. REMAINDERS, REVERSIONS […]
KEITH v. LULOFS, 724 S.E.2d 695 (2012)
724 S.E.2d 695 (2012) Walter Steven KEITH v. Venocia W. LULOFS, Executrix of the Estate of Lucy F. Keith. Record No. 110433.Supreme Court of Virginia. April 20, 2012. Summary: In a challenge to probate of a will, the circuit court did not err in ruling that the party challenging the will failed to prove by […]
LAWS v. McILROY, 724 S.E.2d 699 (2012)
724 S.E.2d 699 (2012) Lisa LAWS v. Calvin McILROY, Jr. Carmen Tinker v. Calvin McIlroy, Jr. Record Nos. 110485, 110646.Supreme Court of Virginia. April 20, 2012. Summary: In related personal injury actions arising from a vehicular accident, the circuit court erred in granting the defendants’ motions to dismiss and plea in bar after the plaintiffs […]
PBM NUTRITIONALS, LLC v. LEXINGTON INSURANCE CO., 724 S.E.2d 707 (2012)
724 S.E.2d 707 (2012) PBM NUTRITIONALS, LLC v. LEXINGTON INSURANCE COMPANY, et al. Record No. 110669.Supreme Court of Virginia. April 20, 2012. Summary: In a declaratory judgment action by a manufacturer of infant formula that was premised on several policies of insurance, seeking interpretation of policy language as well as exclusion and exception endorsements, and […]
CATTANO v. BRAGG, 727 S.E.2d 625 (2012)
727 S.E.2d 625 (2012) John P. CATTANO, et al. v. Caroline D. BRAGG. Record No. 110692.Supreme Court of Virginia. April 20, 2012. Summary: In a suit brought by one member of a two-person legal professional corporation, where the totality of circumstances showed that the plaintiff fairly and adequately represented the interests of the corporation as […]
SEABOLT v. COUNTY OF ALBEMARBLE, 724 S.E.2d 715 (2012)
724 S.E.2d 715 (2012) Violet SEABOLT v. COUNTY OF ALBEMARLE. Record No. 110733.Supreme Court of Virginia. April 20, 2012.Summary: The circuit court lacked subject matter jurisdiction to hear a tort claim against a county arising from the alleged failure to maintain a public park, and did not err in dismissing the complaint. Counties, as political subdivisions […]
BURNS v. GAGNON, 727 S.E.2d 634 (2012)
727 S.E.2d 634 (2012) Travis BURNS v. Gregory Joseph GAGNON, et al. Record Nos. 110754, 110767.Supreme Court of Virginia. April 20, 2012.Summary: In a suit alleging negligence and gross negligence against an assistant high school principal for failure to prevent an attack upon the plaintiff by a fellow student, there was no evidence that this defendant […]
ORTHOPEDIC & SPORTS PHYSICAL THERAPHY ASSOCIATES, INC. v. SUMMIT GROUP PROPERTIES, LLC, 724 S.E.2d 718 (2012)
724 S.E.2d 718 (2012) ORTHOPEDIC & SPORTS PHYSICAL THERAPY ASSOCIATES, INC., et al. v. SUMMIT GROUP PROPERTIES, LLC. Record No. 110849. No. 110849.Supreme Court of Virginia. April 20, 2012.Summary: In a lawsuit brought by a limited liability company that owned a medical office building asserting claims for breach of a lease contract and damages, in which […]
MATHEWS v. PHH MORTGAGE CORPORATION, 724 S.E.2d 196 (2012)
724 S.E.2d 196 (2012) Richard MATHEWS, et al. v. PHH MORTGAGE CORPORATION. Record No. 110967.Supreme Court of Virginia. April 20, 2012.Summary: A landowner who has breached a deed of trust by failing to make payments as required under the associated note may nevertheless enforce its conditions precedent, and the prerequisites to foreclosure set forth in 24 […]
ENVIRONMENTAL STAFFING ACQUISITION CORPORATION v. B&R CONSTRUCTION MANAGEMENT, INC., 725 S.E.2d 550 (2012)
725 S.E.2d 550 (2012) ENVIRONMENTAL STAFFING ACQUISITION CORPORATION v. B & R CONSTRUCTION MANAGEMENT, INC. Record No. 111067.Supreme Court of Virginia. April 20, 2012.Summary: In a sub-subcontractor’s action for payment, based on a claim that the plaintiff was a third-party beneficiary under a contract between a developer and a prime contractor to perform demolition work on […]
DEERFIELD v. CITY OF HAMPTON, 724 S.E.2d 724 (2012)
724 S.E.2d 724 (2012) Eddie DEERFIELD, et al. v. CITY OF HAMPTON, et al. Record No. 111144. No. 111144.Supreme Court of Virginia. April 20, 2012.Summary: In a declaratory judgment proceeding against a city and a developer, brought by a committee of citizens initially constituted pursuant to a city charter provision to seek a referendum on repeal […]
WYATT v. McDERMOTT, 725 S.E.2d 555 (2012)
725 S.E.2d 555 (2012) John M. WYATT, III, et al. v. Mark McDERMOTT, et al. Record No. 111497.Supreme Court of Virginia. April 20, 2012.Summary: In response to questions of law certified to the Court by the United States District Court for the Eastern District of Virginia, pursuant to Article VI, Section 1 of the Constitution of […]
PORTER v. WARDEN OF SUSSEX I STATE PRISON, 722 S.E.2d 534 (2012)
Record No. 091615. 722 S.E.2d 534 (2012) 283 Va. 326 Thomas Alexander PORTER, Petitioner, v. WARDEN OF THE SUSSEX I STATE PRISON, Respondent. Supreme Court of Virginia. March 2, 2012. Summary: In a petition for a writ of habeas corpus filed by a prisoner convicted of capital murder, a firearms offense and grand larceny, considering procedural […]
JOHN CRANE, INC. v. HARDICk, 722 S.E.2d 610 (2012)
722 S.E.2d 610 (2012)283 Va. 358 JOHN CRANE, INC. v. Margaret Diane HARDICK, Executor of The Estate of Robert Eugene Hardick, Deceased, et al. Record No. 101909.Supreme Court of Virginia. March 2, 2012.Summary: In a suit for wrongful death arising from decedent’s exposure to asbestos, under United States Supreme Court precedent construing general maritime law, the […]
CHRISTY v. MERCURY CASUALTY COMPANY, 722 S.E.2d 256 (2012)
722 S.E.2d 256 (2012)283 Va. 542 Kevin CHRISTY v. MERCURY CASUALTY COMPANY. Record No. 102138.Supreme Court of Virginia. March 2, 2012.Summary: In an action by an insured to recover for medical expenses incurred under an automobile insurance policy, the circuit court correctly determined that an exclusion in the policy barred the policyholder from receiving any payment […]
BOWMAN v. CONCEPCION, 722 S.E.2d 260 (2012)
722 S.E.2d 260 (2012)283 Va. 552 Jacqueline BOWMAN v. Nicanor B. CONCEPCION. Record No. 102144.Supreme Court of Virginia. March 2, 2012.Summary: In a medical malpractice action, the requirement for a plaintiff to obtain service of process on a defendant within 12 months of filing an action, Code § 8.01-275.1 and Rule 3:5(e), was not subject to […]
WAKOLE v. BARBER, 722 S.E.2d 238 (2012)
722 S.E.2d 238 (2012)283 Va. 488 Billy T. WAKOLE, Sr. v. Narmina BARBER. Record No. 102176.Supreme Court of Virginia. March 2, 2012.Summary: In a personal injury case, the circuit court did not err in allowing counsel for plaintiff to argue in closing that each item of damage was separate and had a fixed numerical value based […]