Category: Virginia Supreme Court Opinions

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 […]

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 […]

211 S.E.2d 253 FRANCES MINNICK CARTER v. EDWIN R. CARTER, III. 43148 Record No. 740351.Supreme Court of Virginia. January 20, 1975 Present, All the Justices. (1) Contracts — Alimony and Support — Approved by Court — Interpretation. (2) Divorce — Support Payments — Modification — Effective Date. 1. Wording of agreement approved by court, as […]

319 S.E.2d 769 LEONARDA E. BRECKENRIDGE v. MARVAL POULTRY COMPANY, INC. AND EMPLOYERS’ INSURANCE OF WAUSAU 44696 Record No. 830107.Supreme Court of Virginia. September 7, 1984. Present: All the Justices. Evidence supports employee’s claim that change of physicians was authorized by employer under Code Sec. 65.1-88 for compensable injury. (1) Workers’ Compensation — Industrial Commission […]

422 S.E.2d 784 BOYD, PAYNE, GATES FARTHING, P.C., ET AL. v. PAYNE, GATES, FARTHING RADD, P.C., ET AL. 48049 Record No. 911939Supreme Court of Virginia. November 6, 1992 Present: All the Justices Because a professional corporation was a close corporation and its shareholders validly conducted the internal affairs of their law practices as a partnership, […]

258 S.E.2d 567 BRYAN ALLEN SIMON v. COMMONWEALTH OF VIRGINIA 43869 Record No. 781735.Supreme Court of Virginia. October 5, 1979 Present: All the Justices. The Commonwealth is collaterally estopped from introducing evidence of intoxication in involuntary manslaughter trial where defendant was previously acquitted in the General District court of driving while intoxicated and both trials […]

43 S.E.2d 870 MAZIE WHITE, ADMINISTRATRIX OF THE ESTATE OF HARRY LEE WHITE, DECEASED v. EDWARDS CHEVROLET COMPANY, INCORPORATED. 38616 Record No. 3222.Supreme Court of Virginia. September 3, 1947 Present, Hudgins, Gregory, Eggleston, Spratley and Buchanan, JJ. 1. AUTOMOBILES — Death of Child in Fall from Truck — Proximate Cause — Failure of Driver to […]

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 […]

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 […]

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 […]

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. […]