Category: Virginia Supreme Court Opinions

241 S.E.2d 775 JOHN R. PAGE v. CITY OF RICHMOND 43638 Record No. 770874.Supreme Court of Virginia. March 3, 1978 Present: I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Compton, JJ. Statement of physician that no evidence found to relate disability of claimant to occupation of fire fighter insufficient to rebut presumption of causal connection raised […]

166 S.E.2d 228 JARETTE ARLO DEAN v. COMMONWEALTH OF VIRGINIA. 42186 Record No. 6961.Supreme Court of Virginia. March 10, 1969 Present, All the Justices. (1) Criminal Procedure — Custodial Interrogation. (2) Criminal Procedure — Voir Dire Examination. (3) Criminal Procedure Evidence — Refusal to Testify at Another Trial. 1. Defendant upon request accompanied investigating officers […]

210 S.E.2d 143 PHILANDER T. LUCAS v. RESEARCH ANALYSIS CORPORATION AND TRAVELERS INSURANCE COMPANY. 43123 Record No. 740337.Supreme Court of Virginia. December 2, 1974 Present, All the Justices. Workman’s Compensation — Change of Condition — Timely Application. Application for review of workman’s compensation award based upon a change in condition must be filed not later […]

387 S.E.2d 760 TODD W. MACCOY, ET AL. v. COLONY HOUSE BUILDERS, INC., ET AL. 46203 Record No. 881150Supreme Court of Virginia. January 12, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Lacy, JJ., and Poff, Senior Justice The trial court did not err in ruling that an electrician was an independent contractor, as […]

295 S.E.2d 801 HOWARD BROOKS v. CITY OF NEWPORT NEWS 44381 Record No. 812249.Supreme Court of Virginia. October 15, 1982 Present: Carrico, C.J., Poff, Compton, Thompson, Stephenson, and Russell, JJ. The admission of an alcohol breath analysis test administered by an unlicensed operator was harmless error, other evidence of appellant’s intoxication at the time of […]

98 S.E.2d 706 ANDREW LEEDS CUSHMAN, ET AL. v. G. SLAUGHTER FITZ-HUGH, ET AL. 39880 Record No. 4679.Supreme Court of Virginia. June 14, 1957 Present, All the Justices. (1) Specific Performance — Not Granted Until Condition Performed. (2) Contracts — Value — Forbearance to Assert Claim Constitutes Value. (3) Specific Performance — Conveyance Subject to […]

532 S.E.2d 325 LOWER CHESAPEAKE ASSOCIATES, A LIMITED PARTNERSHIP T/A WILLOUGHBY HARBOUR MARINA AND LITTLE BAY, LTD. v. VALLEY FORGE INSURANCE COMPANY. Record No. 991787.Supreme Court of Virginia. June 9, 2000. Present: All the Justices. Plaintiff operates a commercial marina consisting of floating docks which provide about 300 boat slips. Plaintiff obtained a commercial property […]

93 S.E.2d 140 ELMER JAMISON v. CLAUDE RICHARDSON. 39750 Record No. 4509.Supreme Court of Virginia. June 18, 1956 Present, All the Justices. (1) Carriers — Duty to Passengers — Not Responsible Where Passenger Contributorily Negligent. (2) Automobiles — Plaintiff Passenger Held Contributorily Negligent. 1. Neither a private nor a common carrier can be held responsible […]

65 S.E.2d 565 CARY VAN GEUDER v. COMMONWEALTH OF VIRGINIA, MEDICAL COLLEGE OF VIRGINIA, HOSPITAL DIVISION. 39134 Record No. 3848.Supreme Court of Virginia. June 18, 1951. Present, Hudgins, C. J., and Spratley, Buchanan, Miller and Whittle, JJ. (1) Workmen’s Compensation — Occupational Disease — Tuberculosis Contracted by Nurse — Compensability under Act. (2) Workmen’s Compensation […]

54 S.E.2d 881 GROVER GRUBB v. COMMONWEALTH OF VIRGINIA. 38896 Record No. 3516.Supreme Court of Virginia. September 7, 1949 Present, All the Justices. (1) Homicide — Instructions — Evidence Justifying Instruction as to Involuntary Manslaughter. (2) Homicide — New Trial — Grant as Bar to Trial for Higher Offense than Former Conviction. (3) Homicide — […]

191 S.E.2d 798 Richmond IN THE MATTER OF THE APPLICATION OF ROGER W. TITUS FOR ADMISSION TO PRACTICE PURSUANT TO RULE 1A:1. 42782 Record No. 8059.Supreme Court of Virginia. October 9, 1972 Present, All the Justices. Foreign Attorneys — Admission to Practice — Residency. Rule of Court requiring foreign attorney, who seeks admission to practice […]

155 S.E.2d 338 R. J. LILLARD, ET AL. v. FAIRFAX COUNTY AIRPORT AUTHORITY. 41963 Record No. 6469.Supreme Court of Virginia. June 12, 1967 Present, Eggleston, C.J., Spratley, Buchanan, Snead, I’Anson and Gordon, J.J. (1) Airport Authority — Created by Special Act of General Assembly — Must Conform to General Licensing Statute. (2) Corporation Commission — […]

391 S.E.2d 71 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. DANNY RAY RICE, ET AL. 46279 Record No. 890859Supreme Court of Virginia. April 20, 1990 Present: All the Justices Judgment is affirmed in a declaratory judgment action where an injury caused by accidental discharge of a hunting rifle arose out of the use of a […]

177 S.E.2d 646 CECIL G. YEATTS v. RICHARD A. MINTON. 42411 Record No. 7205.Supreme Court of Virginia. November 30, 1970 Present, All the Justices. False Imprisonment — Lawful Arrest — Night Hunting. Yeatts, a special game warden, observed Minton, whom he did not know, driving slowly through a field about 8:30 p.m. and turning his […]

611 S.E.2d 356 XL SPECIALTY INSURANCE COMPANY v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION. Record No. 041271.Supreme Court of Virginia. April 22, 2005. Present: All the Justices After executing takeover agreements with the Virginia Department of Transportation concerning two public construction projects on which its payment and performance bond principal had defaulted, plaintiff surety company […]

540 S.E.2d 875 FRANCIS LINHART, JR. v. THOMAS LAWSON, ET AL. Record No. 000291.Supreme Court of Virginia. January 12, 2001. Present: All the Justices. Plaintiff was injured when the vehicle he was driving was struck by a school bus driven by an employee of the school board, and filed a motion for judgment against both […]

594 S.E.2d 592 LENNA JO DYER v. DAIRYLAND INSURANCE COMPANY. Record No. 031532.Supreme Court of Virginia. April 23, 2004. Present: All the Justices. Plaintiff, a passenger on a motorcycle, suffered serious injuries in a collision with a another motorcycle as a result of the negligence of both drivers. The same insurance company wrote policies covering […]

96 S.E.2d 765 DORIS TEMPLE KING, ADMINISTRATRIX OF THE ESTATE OF PETER HENRY KING, DECEASED v. CYRUS W. BEALE. 39836 Record No. 4526.Supreme Court of Virginia. March 11, 1957 Present, All the Justices. (1) Arbitration — Arbitrator’s Power — Terminated by Repudiation or by Death of Party. (2) Arbitration — Revocation — Pennsylvania Rule Not […]

68 S.E.2d 510 SAVAGE TRUCK LINE, INCORPORATED v. COMMONWEALTH OF VIRGINIA. 39190 Record No. 3925.Supreme Court of Virginia. January 21, 1952 Present, All the Justices. (1) Taxation — Road Tax on Motor Vehicle Carriers — Deductions from Gross Receipts — Miles Transported by Ferry. (2) Taxation — Tax on Gross Receipts — Deductions Must Be […]

528 S.E.2d 105 CHARLES F. MAY v. LINDA GRANDY, ET AL. Record No. 991770.Supreme Court of Virginia. April 21, 2000. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Poff, Senior Justice. The plaintiff is the natural mother of a minor daughter. Defendant is the child’s natural father. The child lives with her […]