143 S.E.2d 897 GERTRUDE BROCKETT v. HARRELL BROS., INC., AND EARL H. ALECK, INDIVIDUALLY AND TRADING AS EARL’S SUPERMARKET NO. 70. 41742 Record No. 6032.Supreme Court of Virginia. September 10, 1965 Present, All the Justices. (1) Sales — Warranty of Fitness of Food — Made by Manufacturer Though Product Removed from Original Container. (2) Sales […]
Category: Virginia Supreme Court Opinions
FARMERS AND MERCHANTS v. COMMONWEALTH, 213 Va. 401 (1972)
192 S.E.2d 744 FARMERS AND MERCHANTS NATIONAL BANK, ETC. v. COMMONWEALTH OF VIRGINIA, ET AL. 42807 Record No. 7997Supreme Court of Virginia. November 27, 1972 Present, Snead, C.J., Carrico, Harrison, Cochran, Harman and Poff, JJ. (1) Constitutional Law — Construction — Omission Unnecessary Language. (2) Corporation Commission — Savings and Loan Branch — Presumption — […]
MONCIER v. GREEN, 182 Va. 127 (1943)
27 S.E.2d 921 A. L. MONCIER v. SUSIE GREEN. 38140 Record No. 2721.Supreme Court of Virginia. December 6, 1943. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. CONTRACTS — Ratification — Who May Ratify. — A contract can only be ratified by the person who had the power to authorize […]
ROWE v. COAL CORP., 197 Va. 136 (1955)
87 S.E.2d 763 ETHEL ROWE, ET. AL. v. BIG SANDY COAL CORPORATION, ET AL. 39753 Record No. 4369.Supreme Court of Virginia. June 13, 1955 Present, Eggleston, Spratley, Buchanan, Miller, Smith and Whittle, JJ. (1) Judgments and Decrees — Motion to Set Aside — Nonjoinder of Proper Party. (2) Judgments and Decrees — Insufficiency of Evidence […]
COUNTS v. COUNTS, 165 Va. 61 (1935)
181 S.E. 437 W. J. COUNTS, ET ALS. v. RICHARD L. COUNTS, EXECUTOR, ET ALS. 36935Supreme Court of Virginia. September 19, 1935 Present, Holt, Hudgins, Gregory, Browning, Chinn and Eggleston, JJ. 1. EXECUTORS AND ADMINISTRATORS — Powers — No Power to Purchase Real Estate unless Authorized by Will or Order of Court. — An executor […]
RICHMOND v. BEST, 180 Va. 429 (1942)
23 S.E.2d 224 CITY OF RICHMOND v. JOHN BEST. Supreme Court of Virginia. Richmond Record No. 2566. December 7, 1942. Present, Campbell, C.J., and Holt, Hudgins, Gregory, Browning and Eggleston, JJ. 1. JUDICIAL NOTICE — Working Signs on Highways. — It is a matter of common knowledge that “Men Working” signs are placed along highways […]
THACKER v. KLOTZ, 175 Va. 267 (1940)
7 S.E.2d 883 ROBERT H. THACKER v. ALEXANDER R. KLOTZ 37652 Record No. 2203Supreme Court of Virginia. April 8, 1940 Present, Campbell, C.J., and Holt, Gregory, Browning, Eggleston and Spratley, JJ. 1. MASTER AND SERVANT — Duty of Master to Furnish Safe Appliances — Rule Stated. — It is the duty of a master to […]
DANVILLE HOLDING CORP. v. CLEMENT, 178 Va. 223 (1941)
16 S.E.2d 345 DANVILLE HOLDING CORPORATION AND R. C. CLEMENT, TRUSTEE v. JAMES WILLIAM CLEMENT, TRUSTEE IN DEED OF ASSIGNMENT FROM J. M. WALTERS. 37850 Record No. 2393.Supreme Court of Virginia. September 10, 1941. Present, Campbell, C. J., and Holt, Gregory, Eggleston and Spratley, JJ. 1. FIXTURES — Determination of What Constitutes — Nature of […]
COMMONWEALTH v. MCNEELY, 204 Va. 218 (1963)
129 S.E.2d 687 COMMONWEALTH OF VIRGINIA v. JAMES F. MCNEELY AND GAY MCNEELY. 204030 Record No. 5523.Supreme Court of Virginia. March 4, 1963 Present, All the Justices. (1) Pleading and Practice — Setting Aside Verdict — Rules Stated. (2) Evidence — When Incredible. (3) Pleading and Practice — Setting Aside Verdict — Held Error on […]
GODWIN v. BOARD OF SUPERVISORS, 161 Va. 494 (1933)
171 S.E. 521 C. B. GODWIN, SR., ET ALS. v. BOARD OF SUPERVISORS OF NANSEMOND COUNTY, ET ALS. and E. JORDAN TAYLOR, ET ALS. v. BOARD OF SUPERVISORS OF NANSEMOND COUNTY 36634Supreme Court of Virginia. November 16, 1933 Present, Campbell, C.J., and Holt, Epes, Hudgins, Gregory and Browning, JJ. 1. DEMURRER — Failure to Pass […]
STATE HIGHWAY COMM’R v. CANTRELL, 223 Va. 185 (1982)
288 S.E.2d 435 STATE HIGHWAY AND TRANSPORTATION COMMISSIONER OF VIRGINIA v. CALVIN T. CANTRELL, ET AL, 44270 Record No. 791385.Supreme Court of Virginia. March 12, 1982 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ., and Harrison, Retired Justice. Cross-examination on a theory of valuation put in issue in an eminent domain proceeding is […]
MANN v. COUNTY BOARD, 199 Va. 169 (1957)
98 S.E.2d 515 MORRIS MANN, JR. v. COUNTY BOARD OF ARLINGTON COUNTY, ET AL. 39872 Record No. 4672.Supreme Court of Virginia. June 14, 1957 Present, All the Justices. (1) Negligence — Injury on Sidewalk — Owner of Building Not Liable. (2) and (3) Counties — Not Liable for Personal Injuries Resulting from Negligence of Agents. […]
HARRINGTON v. SENCINDIVER, 173 Va. 33 (1939)
3 S.E.2d 381 EARL E. HARRINGTON v. D. H. SENCINDIVER, TRUSTEE, ET AL. 37526 Record No. 2086Supreme Court of Virginia. June 12, 1939 Present, Campbell, C.J., and Holt, Hudgins, Gregory, Browning, and Eggleston, JJ. 1. APPEAL AND ERROR — Appeal Bond — Bond Given before Filing of Petition for Appeal — Subsequent Void Bond — […]
TRUSTEES v. NORFOLK BOARD OF ZONING, 273 Va. 375 (2007)
TRUSTEES OF THE CHRIST AND ST. LUKE’S EPISCOPAL CHURCH, ET AL. v. BOARD OF ZONING APPEALS OF THE CITY OF NORFOLK. Record No. 060913.Supreme Court of Virginia. March 2, 2007. Present: All the Justices. Plaintiffs own two lots situated across from one another but separated by a 55-foot wide public street, in an area classified […]
U.S. AUTO ASSOC. v. TRAVELERS INDEMNITY, 240 Va. 214 (1990)
396 S.E.2d 658 UNITED SERVICES AUTOMOBILE ASSOCIATION v. THE TRAVELERS INDEMNITY COMPANY 46428 Record No. 891361Supreme Court of Virginia. September 21, 1990 Present: All the Justices In a dispute between two casualty insurance carriers in which the sole issue is whether the coverage provided by one carrier was excess insurance, available only after the primary […]
BELLAMY v. GATES AND GILL, 214 Va. 314 (1973)
200 S.E.2d 533 JOHN F. BELLAMY, JR. v. ERNEST P. GATES AND EDWARD P. GILL. 42961 Record No. 8220.Supreme Court of Virginia. November 26, 1973 Present, All the Justices. (1) Injunction and Damages — Demurrer — Discretionary Function. (2) Injunction — Reinstatement to Police Force. (3) Damages — Judicial Function. 1. Bellamy complains of forced […]
DALE v. CITY OF NEWPORT NEWS, 243 Va. 48 (1992)
412 S.E.2d 701 WILLIAM A. DALE v. CITY OF NEWPORT NEWS 47605 Record No. 900749Supreme Court of Virginia. January 10, 1992 Present: All the Justices The trial court misconstrued the extent of a self-insured city’s uninsured motorist coverage pursuant to Code Sec. 46.1-395(b) and the case is reversed and remanded with instructions that the coverage […]
NIKLASON v. RAMSEY, 233 Va. 161 (1987)
353 S.E.2d 783 F. HUGH NIKLASON, ET AL. v. MARSHALL RAMSEY, ET AL. 45094 Record No. 840262Supreme Court of Virginia. March 6, 1987 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Thomas, JJ. A judgment is affirmed where the beneficiary of on estate was barred from disclaiming his interest in the estate’s assets and the […]
RUDDER v. HOUSING AUTHORITY, 219 Va. 592 (1978)
249 S.E.2d 177 SKAGGS RUDDER AND WILMA L. RUDDER v. WISE COUNTY REDEVELOPMENT AND HOUSING AUTHORITY 43738 Record No. 770582.Supreme Court of Virginia. November 22, 1978 Present: All the Justices. Landowners fail to bear burden to show by clear and convincing evidence that finding of blight by Redevelopment and Housing Authority was arbitrary and unwarranted; […]
FERGUSON v. FERGUSON, 212 Va. 86 (1971)
181 S.E.2d 648 OLVIN TAMLIN FERGUSON v. MYRTLE C. FERGUSON, EXECUTRIX OF THE ESTATE OF OLVIN LEWIS FERGUSON, DECEASED, SUBSTITUTED DEFENDANT IN ERROR. OLVIN TAMLIN FERGUSON v. RONALD A. FERGUSON, AN INFANT, WHO SUES BY HIS MOTHER AND NEXT FRIEND, MYRTLE FERGUSON. 42528 Record Nos. 7511 and 7512.Supreme Court of Virginia. June 14, 1971. Present, […]