Category: Virginia Supreme Court Opinions

176 S.E.2d 335 SCOTT FUNERAL HOME, INCORPORATED v. FIRST NATIONAL BANK OF DANVILLE, ADMINISTRATOR, ETC. 42375 Record No. 7067.Supreme Court of Virginia. September 4, 1970 Present, All the Justices. Estates — Funeral Expense — Reasonableness. In determining reasonableness of funeral expenses, each case must rest on its own particular facts and circumstances. What is reasonable […]

300 S.E.2d 777 DOROTHY E. UPTON, COMMITTEE FOR DORIS JEAN RUSSELL, INCOMPETENT v. MICHAEL T. HALL, ET AL. JOHN WILLIAM RUSSELL, ET AL. v. MICHAEL T. HALL, ET AL. DOROTHY E. UPTON, COMMITTEE FOR DORIS JEAN RUSSELL, INCOMPETENT v. MICHAEL T. HALL, ET AL. JOHN WILLIAM RUSSELL, ET AL. v. EDDIE RUSSELL, ET AL. 44456 […]

706 S.E.2d 873 DUANE ELMER STARTIN, JR. v. COMMONWEALTH OF VIRGINIA. Record No. 100778.Supreme Court of Virginia. March 4, 2011. Present: Kinser, C.J., Lemons, Goodwyn, and Millette, JJ., and Russell, Lacy, and Koontz, S.JJ.[*] [*] Justice Koontz presided and participated in the hearing and decision of this case prior to the effective date of his […]

58 S.E.2d 32 CITY OF SOUTH NORFOLK, ET AL. v. CITY OF NORFOLK. 38955 Record No. 3622.Supreme Court of Virginia. March 13, 1950 Present, Gregory, Eggleston, Spratley, Buchanan and Staples, JJ. (1) Water Companies and Waterworks — Purchase by Municipality — Obligation to Serve Consumers — Purpose of Provision of Code Section 15-716 Requiring Service. […]

431 S.E.2d 45 VIRGINIA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION v. ARCHIE ROBINSON 48813 Record No. 921563Supreme Court of Virginia. June 11, 1993 Present: All the Justices The plaintiff did not have a “covered claim” against an association created under the Virginia Insurance Guaranty Association Act to provide for payment of covered claims under certain […]

191 S.E.2d 234 GARNETTA J. BROWN v. GEORGE S. HUDDLESTON. 42754 Record No. 7886.Supreme Court of Virginia. September 1, 1972 Present, Snead, C.J., I’Anson, Carrico, Harrison, Cochran and Harman, JJ. Automobiles — Damages Reasonably Related — Mitigation. Taxicab passenger claimed extensive special damages against driver. From the evidence jury was entitled to find injury not […]

40 S.E.2d 169 REO WANDA WOODRUM, ADM’X v. BENJAMIN HOLLAND. 38507 Record No. 3121.Supreme Court of Virginia. November 25, 1946. Present, Holt, C.J., and Hudgins, Gregory, Eggleston and Buchanan, JJ. AUTOMOBILES — Liability of Host to Guest — Burden of Proof and Sufficiency of Evidence — Case at Bar. — The instant case was an […]

130 S.E.2d 587 AMERICAN SURETY COMPANY OF NEW YORK v. L.T. ZOBY, TRADING AS L.T. ZOBY SONS. 204046 Record No. 5565.Supreme Court of Virginia. April 22, 1963 Present, All the Justices. Principal and Surety — Construction Bond — Notice of Claim Timely Given by Subcontractor. Under the terms of its bond Surety Company was liable […]

12 S.E.2d 750 ADELAIDE M. HAYES, IN HER OWN RIGHT AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF WILLIAM R. HAYES, DECEASED, ET AL. v. WILLIAM L. PARKER and ADELAIDE M. HAYES, EXECUTRIX UNDER THE LAST WILL AND TESTAMENT OF WILLIAM R. HAYES, DECEASED v. WILLIAM L. PARKER. Supreme Court of Virginia. Richmond […]

53 S.E.2d 50 JOHN GOIN v. O. W. ABSHER. 38845 Record No. 3468.Supreme Court of Virginia. April 25, 1949 Present, All the Justices. 1. TREES AND TIMBER — Construction and Validity of Deeds — Extension of Time for Cutting by Grantor Who Had Conveyed Fee to Third Party — Case at Bar. — The instant […]

457 S.E.2d 17 VIRGINIA NATURAL GAS COMPANY, INC. v. RICHMOND H. HAMILTON, ET AL. 50049 Record No. 940599Supreme Court of Virginia. Decided April 21, 1995 Present: All the Justices In a grantor’s claim for rescission of a utility easement, the trial court correctly denied rescission on the grounds of inadequate consideration and constructive fraud, but […]

487 S.E.2d 229 SAMUEL M. BUTLER, ET AL. v. CARRIE C. HAYES, ET AL. Record No. 961857Supreme Court of Virginia. June 6, 1997 Present: All the Justices Since the buyers of land involved in this case were fully aware of a title defect when they made improvements on the property, the trial court correctly ruled […]

400 S.E.2d 201 CLAYTON C. BRYANT, ET AL. v. FRANK L. PECKINPAUGH, ET AL. 46823 Record No. 900706Supreme Court of Virginia. January 11, 1991 Present: All the Justices The judgment of the trial court in an action arising out of the purchase of real property is reversed in part and the case remanded for a […]

47 S.E.2d 398 RAE H. SNIDER v. NEW RIVER INSURANCE REALTY CORPORATION. 38697 Record No. 3325.Supreme Court of Virginia. April 26, 1948 Present, Hudgins, C. J., and Gregory, Eggleston, Spratley, Staples and Miller, JJ. 1. BROKERS — Compensation — Contract to Sell — Verbal Offer Not Sufficient. — A broker employed to sell, as distinguished […]

77 S.E.2d 863 JOE HENRY v. COMMONWEALTH OF VIRGINIA. 39403 Record No. 4093.Supreme Court of Virginia. October 12, 1953 Present, All the Justices. (1) Homicide — Corpus Delicti Established. (2) Murder — Instruction on Proper Where Deadly Weapon Used. (3) Criminal Procedure — Remarks of Trial Court — Held Not Prejudicial. (4) Criminal Procedure — […]

609 S.E.2d 26 PERNELL LEE VINEY v. COMMONWEALTH OF VIRGINIA. Record No. 041338.Supreme Court of Virginia. March 3, 2005. Present: All the Justices. While defendant’s car was parked near a schoolyard, he made eye contact with two young girls who were riding their bicycles past him, glanced down to his own groin area, and then […]

139 S.E.2d 801 MABEL WOODEN, ETC. v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, ET AL. 41610 Record No. 5819.Supreme Court of Virginia. January 18, 1965 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. Life Insurance — Death Held Not by Accidental Means. James Robinson was shot and killed in the course of […]

27 S.E.2d 899 JOSEPH RHODES v. COMMONWEALTH OF VIRGINIA. 38129 Record No. 2738.Supreme Court of Virginia. December 6, 1943. Present, Campbell, C. J., and Hudgins, Gregory, Eggleston and Spratley, JJ. OBSTRUCTING JUSTICE — Threatening Officer — Sufficiency of Evidence — Case at Bar. — In the instant case, a prosecution for unlawfully threatening to do […]

188 S.E.2d 82 MARILYN SMITH, ET AL. v. STONEWALL CASUALTY COMPANY. 42681 Record No. 7692.Supreme Court of Virginia. April 24, 1972 Present, All the Justices. Automobiles — Insurance — Paying Passenger — Public Conveyance. To be a “public or livery conveyance” within exclusion of automobile liability policy, vehicle must be held out to general public […]

491 S.E.2d 718 CARLOTTA JURY v. GIANT OF MARYLAND, INC, ET AL. Record No. 962341Supreme Court of Virginia. September 12, 1997 Present: Carrico, C.J., Compton, Stephenson,[*] Lacy, Hassell, Keenan, and Koontz, JJ. [*] Justice Stephenson participated in the hearing and decision of this case prior to the effective date of his retirement on July 1, […]