Category: Virginia Supreme Court Opinions

142 S.E.2d 582 MARGUERITE C. BRANSON v. DIXIE P. WISE. 41701 Record No. 5960.Supreme Court of Virginia. June 14, 1965. Present, All the Justices. Automobiles — Intersection Accident — Driver Having Right of Way Held Contributorily Negligent. Mrs. Wise received a verdict and judgment for the injuries she sustained when the vehicle driven by her […]

677 S.E.2d 288 VIRGIL MONGOLD, CO-EXECUTOR AND BENEFICIARY OF THE ESTATE OF NINA M. DOVE, DECEASED, ET AL. v. TERRY V. WOODS Record No. 081827.Supreme Court of Virginia. June 4, 2009. Present: Hassell, C.J., Keenan, Koontz, Kinser, Goodwyn, and Millette, JJ., and Russell, S.J. A landowner and his wife, desiring to raise chickens on his […]

458 S.E.2d 282 E. TYREE CHAPPELL v. VIRGINIA ELECTRIC AND POWER COMPANY 50422 Record No. 941106Supreme Court of Virginia. Decided: June 9, 1995 Present: Carrico, C.J., Compton, Stephenson, Whiting, Lacy, and Keenan, JJ., and Poff, Senior Justice In this appeal from a judgment confirming the report of a panel of commissioners in a proceeding to […]

68 S.E.2d 82 SOUTHWEST VIRGINIA HOSPITALS, INC., ET ALS. v. JAMES C. LIPPS[1] . 39187 Record No. 3817.Supreme Court of Virginia. December 3, 1951 [1] Rehearing granted March 10, 1959. Present, All the Justices. (1) Appeal and Error — Decisions Reviewable — Finality of Decision — Interlocutory Decrees. (2) Appeal and Error — Notice of […]

514 S.E.2d 345 ROBERT L. SANSOM v. BOARD OF SUPERVISORS OF MADISON COUNTY Record No. 981492Supreme Court of Virginia. April 16, 1999 Present: All the Justices Pursuant to a county subdivision ordinance, the circuit court determined that a substantial surface drainage course is located in the area of the landowner’s application and upheld the county’s […]

141 S.E.2d 716 GRACE T. HUMMER, INDIVIDUALLY, ETC. v. GEORGE H. ENGEMAN. 41697 Record No. 5932.Supreme Court of Virginia. April 26, 1965 Present, Eggleston, C. J., and Buchanan, Snead, I’Anson, Carrico and Gordon, JJ. (1) Real Estate Brokers — Exclusive Listing Held Without Consideration and Revocable. (2) Real Estate Brokers — Offer Not in Accord […]

23 S.E.2d 139 ROY TAYLOR v. COMMONWEALTH OF VIRGINIA. Supreme Court of Virginia. Richmond Record No. 2600. December 7, 1941. Present, Campbell, C.J., and Holt, Gregory, Browning, Eggleston and Spratley, JJ. 1. RULES OF COURT — Rule 14, 1-(c) of the Supreme Court of Appeals — Sufficiency of Compliance — Case at Bar. — In […]

113 S.E.2d 855 ENLOW SON, INCORPORATED, LEWIS K. KESSER AND R. A. EMANUELSON v. L. HAROLD HIGGERSON AND IVAN HIGGERSON, PARTNERS TRADING AS HIGGERSON BROTHERS. 41101 Record No. 5069.Supreme Court of Virginia. April 25, 1960 Present, All the Justices. (1) Contracts — Illegality — Illegality at Inception Not Curable. (2) Contracts — Illegality — Contract […]

529 S.E.2d 792 KARSENE PADEN v. COMMONWEALTH OF VIRGINIA. Record No. 991920.Supreme Court of Virginia. April 21, 2000. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Stephenson, Senior Justice. Defendant was charged with the robbery of a motion picture theater. At trial he objected to entry into evidence of testimony by a […]

106 S.E.2d 608 EDWARD SWINDALL, ADM’R, ETC. v. TIVIS FULLER, ET AL. 40046 Record No. 4868.Supreme Court of Virginia. January 26, 1959 Present, Spratley, Buchanan, Miller, Whittle, Snead and I’Anson, JJ. (1) Appeal and Error — Plaintiff’s Evidence Struck — How Considered on Appeal (2) Automobiles — Pedestrian Injury — Decedent Not Guilty of Contributory […]

512 S.E.2d 804 ASPHALT ROADS MATERIALS COMPANY, INCORPORATED v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, et al. Record No. 980805Supreme Court of Virginia. February 26, 1999 Present: Carrico C.J., Compton, Lacy, Keenan, Koontz, and Kinser, JJ., and Whiting, Senior Justice. Because a contract authorized additional compensation to a contractor for having provided additional backfill material […]

3 S.E.2d 471 LENA COHEN AND BETTY COHEN v. G. R. SWINK, RECEIVER, ETC. 37529 Record No. 2043Supreme Court of Virginia. June 12, 1939 Present, All the Justices 1. BUILDING AND LOAN ASSOCIATIONS — Withdrawals — Notice — Waiver — Case at Bar. — The instant case was a suit to distribute the assets of […]

63 S.E.2d 617 DOUGLAS CALLAHAN v. COMMONWEALTH OF VIRGINIA. 39081 Record No. 3778.Supreme Court of Virginia. March 12, 1951 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan and Miller, JJ. (1) Homicide — Evidence — Manslaughter — Acceptance or Rejection of Testimony in Part by Jury. (2) Homicide — Excusable Homicide — Nature of Defense […]

74 S.E.2d 283 EAST COAST FREIGHT LINES v. CITY OF RICHMOND. 39326 Record No. 4016.Supreme Court of Virginia. January 26, 1953 Present, All the Justices. (1) Motor Vehicle Carriers — Local Assessment of Tangible Personal Property — Statutory Authority. (2) Motor Vehicle Carriers — Local Assessment of Rolling Stock — Not Prohibited by Code 1959, […]

265 S.E.2d 746 RICHARD CARTER REESE v. COMMONWEALTH OF VIRGINIA 43953 Record No. 791367.Supreme Court of Virginia. April 18, 1980 Present: All the Justices. Armed robbery conviction sustained; confession properly admitted when not causally connected to illegal search and seizure; warrantless inventory search is proper when motive not investigatory. (1) Search and Seizure — Confession […]

579 S.E.2d 180 ALLSTATE INSURANCE COMPANY v. TIMOTHY L. WADE, ET AL. ALVIN WAYNE SOWERS v. TIMOTHY L. WADE. BRUCE WILLIAM DEGARMO v. TIMOTHY L. WADE. Record Nos. 021201, 021209, 021227.Supreme Court of Virginia. April 17, 2003. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Compton, S.J. After consuming quantities of alcohol, […]

179 S.E.2d 482 LILLIAN G. MCFADDEN, ADM’X ETC. v. RAYMOND LEE GARRETT. 42470 Record No. 7349.Supreme Court of Virginia. March 8, 1971 Present, All the Justices. (1) Automobiles — Negligence — Defendant Driving Plaintiff’s Automobile. (2) Negligence — Burden of Proof — Strike Plaintiff’s Evidence. 1. Garrett sues for personal injury sustained when Garrett’s automobile, […]

272 S.E.2d 181 WESLEY J. GREEN, PASTOR, ET AL. v. TIMOTHY LEWIS, ET AL. 44031 Record No. 781388.Supreme Court of Virginia. November 26, 1980 Present: All the Justices. Proprietary interest of supercongregational church in church property of local congregation cannot be eliminated by unilateral action of congregation; contractual rights of general church are determined by […]

384 S.E.2d 752 WANDA BROWN ELLIOTT v. SHORE STOP, INC., ET AL. 46071 Record No 871248Supreme Court of Virginia. September 22, 1989 Present: All the Justices Dismissal by a motion for judgment without leave to attend was improper where an employee brought an action in tort for fraud and deceit against her employer based on […]

499 S.E.2d 829 INDER CHAWLA, ET AL. v. BURGERBUSTERS, INC. Record No. 970941Supreme Court of Virginia. April 17, 1998 Present: Carrico, C.J., Compton, Lacy, Keenan, Koontz, and Kinser, JJ., and Stephenson, Senior Justice The trial court in a lease dispute erred in denying the defendant landlords a right to recover fees to the extent that […]