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 […]
Category: Virginia Supreme Court Opinions
WOHLFORD v. QUESENBERRY, 259 Va. 259 (2000)
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 […]
YAMAHA MOTOR CORP. v. QUILLIAN, 264 Va. 656 (2002)
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 […]
ERLICH v. HENDRICK CONSTRUCTION CO., 217 Va. 108 (1976)
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. […]
LUCERNE, ETC., CO. v. MILK COMM., 182 Va. 490 (1944)
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 […]
BENEFICIAL FIN. CO. OF VA. v. CORP. COMM., 230 Va. 529 (1986)
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 […]
WHITTAKER v. CALFEE, 214 Va. 301 (1973)
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 […]
PAYTAN v. ROWLAND, 208 Va. 24 (1967)
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 […]
MACCOY v. COLONY HOUSE BUILDERS, 239 Va. 64 (1990)
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 […]
BROOKS v. CITY OF NEWPORT NEWS, 224 Va. 311 (1982)
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 […]
YOUNG v. YOUNG, 215 Va. 125 (1974)
207 S.E.2d 825 BETTY L. YOUNG v. ANTONY A. G. YOUNG. 43079 Record No. 730793.Supreme Court of Virginia. August 28, 1974 Present, I’Anson, Carrico, Harrison, Cochran, Harman and Poff, JJ. Alimony — Effective Date. While time permanent alimony shall commence is within sound discretion of court, mandate of Supreme Court that wife is entitled to […]
BUTLER v. YATES, 222 Va. 550 (1981)
281 S.E.2d 905 LUCIAN N. BUTLER v. ISAAC EUGENE YATES, ET AL. 44201 Record No. 800930.Supreme Court of Virginia. September 11, 1981 Present: Harrison, Poff, Thompson, JJ. and Harman, S.J. In motor vehicle negligence action, the Trial Court erred in granting defendant’s motion to strike and concluding as matter of law that plaintiff was contributorily […]
LEWIS v. COMMONWEALTH, 267 Va. 302 (2004)
593 S.E.2d 220 TERESA WILSON BEAN LEWIS v. COMMONWEALTH OF VIRGINIA. Record No. 032153.Supreme Court of Virginia. March 5, 2004. Present: All the Justices. After a competency review, defendant pled guilty to capital murder, robbery and firearms offenses under indictments charging that she hired two men to kill her husband and stepson. After considering evidence […]
WALLACE v. BRUMBACK, 177 Va. 36 (1941)
12 S.E.2d 801 G. B. WALLACE, ET AL. v. T. J. BRUMBACK, ET AL. Supreme Court of Virginia. Richmond Record No. 2299. January 13, 1941. Present, Holt, Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. MECHANICS’ LIENS — In General — Creature of Statute. — A mechanic’s lien is purely a creature of statute. 2. […]
COX v. COMMONWEALTH, 220 Va. 22 (1979)
255 S.E.2d 462 DONALD L. COX v. COMMONWEALTH OF VIRGINIA 43822 Record No. 781503.Supreme Court of Virginia. June 8, 1979 Present: All the Justices. Code Sec. 18.2-163 penalizes tampering with metering device with corrupt purpose to prevent proper registration of electricity used. (1) Statutory Construction — Criminal Law — Penal Statute Construed Strictly Against State. […]
EVANS v. COMMONWEALTH, 161 Va. 992 (1933)
170 S.E. 756 McKINLEY EVANS v. COMMONWEALTH 36682Supreme Court of Virginia. September 21, 1933 Present, Campbell, C.J., and Holt, Epes, Gregory and Browning, JJ. 1. QUESTIONS OF LAW AND FACT — Credibility of Testimony. — It is the duty of the jury to sift out the facts, and it has the right to believe any […]
EMPLOYERS’ LIABILITY v. TAYLOR, 164 Va. 103 (1935)
178 S.E. 772 THE EMPLOYERS’ LIABILITY ASSURANCE CORPORATION, LIMITED v. RUTH TAYLOR 36868Supreme Court of Virginia. March 14, 1935 Present, All the Justices. 1. ATTACHMENT — Grounds of Attachment — Elements and Burden of Proof. — In order to sustain a judgment in an attachment on the ground that the defendant is a non-resident, it […]
PEBBLE BLDG. CO. v. HOPKINS, INC., 223 Va. 188 (1982)
288 S.E.2d 437 THE PEBBLE BUILDING COMPANY, ET AL. v. G. J. HOPKINS, INCORPORATED 44271 Record No. 801946.Supreme Court of Virginia. March 12, 1982 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, Stephenson, JJ., and Harrison, Retired Justice. Delay damages proved against prime contractor and its bonding company; subcontractor sustains burden to prove items of loss […]
EVANS v. EVANS, 280 Va. 76 (2010)
695 S.E.2d 173 HANNAH LEIGH EVANS, AN INFANT, WHO SUES BY HER MOTHER, NATURAL GUARDIAN, AND NEXT FRIEND, CYNTHIA KAY STEVENS v. BILLY BRADLEY EVANS, II. Record No. 091469.Supreme Court of Virginia. June 10, 2010. Present: All the Justices. A four-year-old child, who had been placed by her father in a “foam” seat on the […]
COSTNER v. LACKEY, 223 Va. 377 (1982)
290 S.E.2d 818 B. DENNIS COSTNER, ET AL. v. CHESTER LEE LACKEY, ET AL. 44297 Record No. 791415.Supreme Court of Virginia. April 30, 1982 Present: All the Justices. In considering motion to strike plaintiff’s evidence, reasonable doubt as to the sufficiency of the evidence must be resolved in favor of plaintiffs; Trial Court erred in […]