Category: Virginia Supreme Court Opinions

18 S.E.2d 901 UNITED STATES FIRE INSURANCE COMPANY v. SAMUEL R. FLEENOR, ET AL. Supreme Court of Virginia. Richmond Record No. 2485. March 2, 1942. Present, All the Justices. 1. INJUNCTIONS — What Proceedings May Be Enjoined — Proceedings in Another State — Basis of Power. — A court of equity in one state may, […]

183 S.E.2d 127 W. J. LANDES v. BOBBIE A. AREHART. 42559 Record No. 7555.Supreme Court of Virginia. September 1, 1971 Present, Snead, C.J., I’Anson, Carrico, Gordon, Harrison and Harman, JJ. Negligence — Assumption of Risk. Owner of lathe, 17 feet long, engaged wrecker to haul lathe on busy highway. After discussion between parties, lathe was […]

130 S.E.2d 429 CHARLES JAMES LEWIS v. LYNCHBURG FOUNDRY COMPANY. 204042 Record No. 5564.Supreme Court of Virginia. April 22, 1963 Present, Eggleston, C. J., and Buchanan, Whittle, Snead, I’Anson and Carrico, JJ. (1) Workmen’s Compensation — Failure to Give Timely Notice of Diagnosis — Right to Compensation Lost. (2) Workmen’s Compensation — Notice of Diagnosis […]

352 S.E.2d 335 KATHERINE H. LITCHFORD v. DANNIE RAE HANCOCK 45214 Record No. 840023Supreme Court of Virginia. January 16, 1987 Present: All the Justices Judgment is affirmed in a negligence case where the jury found that plaintiff was contributorially negligent in an accident between an automobile and a truck pulling a combine since the result […]

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. […]

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. […]

203 S.E.2d 131 SCOTT K. McDOUGLE, JR. v. ELIZABETH B. McDOUGLE AND RAYMOND H. McDOUGLE. 43024 Record No. 730381.Supreme Court of Virginia. March 4, 1974 Present, I’Anson, Carrico, Harrison, Cochran, Harman and Poff, JJ. (1) Pleading and Practice — Necessary Party — Alleged Incompetent Grantor. (2) Pleading and Practice — Incompetent’s Rights — Timely Objection. […]

267 S.E.2d 158 THE COMMUNITY BANK v. MARY T. WRIGHT 43985 Record No. 780907.Supreme Court of Virginia. June 6, 1980 Present: All the Justices. Wife who signed note as maker at husband’s request, thinking her signature merely an indorsement, cannot escape liability by alleging fraudulent inducement; wife ultimately liable whether as maker or indorser. (1) […]