Category: Virginia Supreme Court Opinions

181 S.E.2d 635 CRESTWOOD CONSTRUCTION COMPANY v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY. BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. CRESTWOOD CONSTRUCTION COMPANY. 42506 Record Nos. 7473 and 7472.Supreme Court of Virginia. June 14, 1971 Present, Snead, C.J., I’Anson, Gordon, Harrison, Cochran and Harman, JJ. Subdivision Fees — Recovery — Payment Under Protest. No action […]

606 S.E.2d 813 PATRICIA A. DRINKARD-NUCKOLS, EXECUTOR OF THE ESTATE OF BERMUDA H. DRINKARD, DECEASED v. WILLIAM C. ANDREWS, JR., M.D., ET AL. Record No. 040585.Supreme Court of Virginia. January 14, 2005. Present: All the Justices After a woman fell, injuring her shoulder and arm, she was seen in a hospital emergency room. An x-ray […]

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 […]

323 S.E.2d 96 ROB A. WEST v. DWIGHT C. JONES, ET AL. 44724 Record No. 831214.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. The Mayor of the City of Richmond is prohibited by Code Section 2.1-610(A) of the Comprehensive Conflict of Interests Act from voting on the selection and appointment of members […]

87 S.E.2d 817 S.W. HARLESS AND BEATRICE HARLESS v. J.W. MALCOLM AND JULIA MALCOLM. 39743 Record No. 4371.Supreme Court of Virginia. June 13, 1955 Present, All the Justices. (1) Appeal and Error — Decree Presumptively Correct. (2) Real Property — Easement in Private Road — Established by Evidence. 1. A decree in a suit where […]

181 S.E.2d 818 COMMONWEALTH OF VIRGINIA v. OLIN CORPORATION. 42523 Record No. 7497.Supreme Court of Virginia. June 14, 1971 Present, Snead, C.J., I’Anson, Gordon, Harrison, Cochran and Harman, JJ. (1) Taxation — Multistate Operation — Amortization — Pollution Control Facilities (2) Constitutional Law — State Taxation — Multistate Operation. 1. Statutory scheme provides for apportionment […]

523 S.E.2d 821 LINDA H. WOHLFORD v. GLADYS A. QUESENBERRY. Record No. 990320.Supreme Court of Virginia. January 14, 2000. Present: Carrico, C.J., Compton, Lacy, Keenan, Koontz, and Kinser, JJ., and Whiting, Senior Justice. A landlord rented a residence to the tenant under a month-to-month lease. Nothing was said in their oral lease about who would […]

571 S.E.2d 122 YAMAHA MOTOR CORPORATION, U.S.A. v. ASBURY W. QUILLIAN, IN HIS CAPACITY AS THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, ET AL. Record No. 021232.Supreme Court of Virginia. November 1, 2002. Present: Carrico, C.J., Hassell, Keenan, Koontz, and Lemons, JJ., and Compton and Stephenson, S.JJ. A motorcycle manufacturer brought an action in […]

225 S.E.2d 665 BERL M. ERLICH; ARTHUR W. PATTON; TYSONS ICE RINK, LIMITED PARTNERSHIP AND TYSONS ICE RINK, INCORPORATED v. HENDRICK CONSTRUCTION COMPANY, INC., AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 43391 Record No. 750878.Supreme Court of Virginia. June 11, 1976 Present, All the Justices. (1) Contracts — Construction — Parol Evidence — Penalty Clause. […]

29 S.E.2d 397 LUCERNE CREAM AND BUTTER COMPANY v. MILK COMMISSION OF VIRGINIA. 38179 Record No. 2731.Supreme Court of Virginia. March 13, 1944. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. FOOD — Regulation — Powers of Milk Commission — Power to Fix Prices Statutory. — There is no inherent […]

339 S.E.2d 192 BENEFICIAL FINANCE COMPANY OF VIRGINIA v. STATE CORPORATION COMMISSION 44900 Record No. 850512Supreme Court of Virginia. January 17, 1986 Present: All the Justices The State Corporation Commission’s order is affirmed in a proceeding begun informally to alter Real Estate Rules 8 and 9, in a case involving entities in a single office […]

199 S.E.2d 525 MARY JANE WHITTAKER v. MORRIS A. CALFEE, JR. 42957 Record No. 8200.Supreme Court of Virginia. October 8, 1973 Present, All the Justices. Automobiles — Contributory Negligence as a Matter of Law — Physical Facts. When uncontroverted physical facts, including facts adduced by plaintiff’s own witness, show plaintiff guilty of contributory negligence as […]

155 S.E.2d 36 BARBARA PAYTAN v. MAXWELL ROWLAND. 41965 Record No. 6428.Supreme Court of Virginia. June 12, 1967 Present, All the Justices. (1) Landlord and Tenant — Premises Under Exclusive Control of Tenant — Landlord Has No Duty to Maintain in Safe Condition. (2) Landlord and Tenant — Premises in Common Use — Landlord Has […]

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 […]