Category: Virginia Supreme Court Opinions

277 S.E.2d 175 SOUTHERN RAILWAY COMPANY, ET AL. v. FERNA DARNELL, ET AL. 44096 Record No. 790120.Supreme Court of Virginia. April 24, 1981 Present: All the Justices. Code Sec. 56-16 concerning construction of wagonways by railways, etc. extends to repairs of an entire bridge; obligation continues although chief purpose of use of bridge has changed; […]

561 S.E.2d 734 SUPER FRESH FOOD MARKETS OF VIRGINIA, INC., ET AL. v. RACQUEL RUFFIN. Record No. 011230.Supreme Court of Virginia. April 19, 2002. Plaintiff filed a motion for judgment against a supermarket chain store and two employees, alleging that she was falsely accused of shoplifting. At trial a jury awarded her compensatory and punitive […]

164 S.E.2d 674 GEORGE HUGH CAUDILL v. C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 42145 Record No. 6778.Supreme Court of Virginia. December 6, 1968 Present, Eggleston, C.J., Buchanan, Snead, Carrico, Gordon and Harrison, JJ. Criminal Procedure — Public Trial. Trial held in Judge’s chambers with door open and ready access to and from […]

314 S.E.2d 49 ROY B. FORBES v. JAMES B. KENLEY, M.D., ETC., ET AL. 44606 Record No. 812027.Supreme Court of Virginia. March 9, 1984. Present: All the Justices. Code 32.1-164.1 provides an adequate procedural remedy to appeal denials of septic tank permits and is available to a plaintiff whose cause of action was not time-barred […]

124 S.E.2d 7 CULMORE REALTY COMPANY v. C. LOUIS CAPUTI. 41329 Record No. 5349.Supreme Court of Virginia. March 5, 1962 Present, Eggleston, C. J., and Spratley, Buchanan, Whittle, Snead and I’Anson, JJ. (1) Pleading and Practice — Variance of Proof From Pleadings — Waived by Failure to Object. (2) Pleading and Practice — Issue Out […]

83 S.E.2d 365 R. G. POPE, TRADING AND DOING BUSINESS AS R. G. POPE CONSTRUCTION COMPANY v. J. R. OVERBAY. 39522 Record No. 4232.Supreme Court of Virginia. September 8, 1954 Present, Eggleston, Buchanan, Miller and Smith, JJ. Explosions and Explosives — Damage Allegedly Caused by Blasting — Verdict for Defendant Proper. Plaintiff Overbay sued Pope […]

54 S.E.2d 126 DON KEITH v. CLINCHFIELD COAL CORPORATION. 38868 Record No. 3503.Supreme Court of Virginia. June 22, 1949 Present, All the Justices. (1) Master and Servant — Duty to Warn Servant — Failure to Warn of Silicosis Hazard Not Negligence. (2) Negligence — Pleading and Practice — Evidence — Negligence Not to Be Presumed. […]

248 S.E.2d 808 OPAL MARIE HALE McGHEE v. COMMONWEALTH OF VIRGINIA 43734 Record No. 780214.Supreme Court of Virginia. November 22, 1978 Present: All the Justices. Commonwealth is not required to disprove self-defense plea of defendant. (1) Criminal Procedure — Burden upon Commonwealth to Establish Material Facts of Offense Charged. (2) Criminal Procedure — Self-Defense — […]

135 S.E.2d 109 ANNA BARNETTE v. CURMAN B. DICKENS, TRADING AS PORTSMOUTH APPLIANCE AND SERVICE COMPANY. 41502 Record No. 5678.Supreme Court of Virginia. March 9, 1964 Present, All the Justices. (1) Appeal and Error — Inadequate Designation of Record for Printing — Motion to Dismiss Denied Where Appellee Makes No Additional Designation. (2) Negligence — […]

266 S.E.2d 104 JAMES W. CASSADY v. IRIS H. MARTIN, ADMINISTRATRIX OF THE ESTATE OF RICKY DEAN MARTIN, DECEASED 43960 Record No. 780927.Supreme Court of Virginia. April 18, 1980 Present: All the Justices. In wrongful death action naming child of married woman as retarded decedent’s illegitimate beneficiary decedent’s paternity is an issue of fact; evidentiary […]

645 S.E.2d 478 PEERLESS INSURANCE COMPANY, ET AL. v. COUNTY OF FAIRFAX. Record No. 061279.Supreme Court of Virginia. June 8, 2007. Present: All the Justices. After a child suffered severe brain damage in a drainage pond located near an outdoor recreational path subject to a storm water detention easement, insurers for the residential community where […]

478 S.E.2d 100 DAVID AUERBACH, ET AL. v. COUNTY OF HANOVER, ET AL. Record No. 960062Supreme Court of Virginia. November 1, 1996 Present: All the Justices Since the intent, express and unambiguous on the face of a deed, its incorporated plat, and all the references thereon, was to establish an easement across the piece of […]

480 S.E.2d 474 STANLEY YESKOLSKI, SR. v. KIMBLYN F. CROSBY, ET AL. Record No. 961005Supreme Court of Virginia. January 10, 1997 Present: Carrico, C.J., Compton, Stephenson, Hassell, Keenan, and Koontz, JJ., and Poff, Senior Justice In this action to quiet title to real property, the possessor of a deed of trust note was not a […]

524 S.E.2d 645 APRIL A. KEESEE v. HOWARD ALEXANDER DONIGAN. Record No. 990181.Supreme Court of Virginia. January 14, 2000. Present: All the Justices. Plaintiff filed a motion for judgment against defendant driver, alleging negligence in causing a collision by failing to keep a proper lookout and failing to keep his vehicle under proper control. Evidence […]

55 S.E.2d 430 GUY H. FULLER v. COMMONWEALTH OF VIRGINIA. 38903 Record No.Supreme Court of Virginia. October 10, 1949 Present, All the Justices. (1) Seduction — Criminal Prosecution Under Statute — Evidence Sufficient to Support Conviction. (2) Seduction — Criminal Prosecution — Promise of Marriage May Be Conditional. (3) Seduction — Evidence — Sufficiency of […]

178 S.E.2d 682 J. B. VAUGHAN, ET AL. v. VIRGINIA ELECTRIC AND POWER COMPANY. 42430 Record No. 7373.Supreme Court of Virginia. January 18, 1971 Present, Snead, C.J., I’Anson, Carrico, Gordon and Harman, JJ. (1) Waters of State — Dam — Authority of State Corporation Commission. (2) Corporation Commission — Dam Project — Land Acquisition. 1. […]

581 S.E.2d 507 JULIE ANDREWS UTSCH v. FRANCIS VINCENT UTSCH. Record No. 021987.Supreme Court of Virginia. June 6, 2003. Present: All the Justices. A husband transferred title of the marital residence from sole ownership to ownership in himself and his wife as tenants by the entirety. The conveyance was made by deed of gift and […]

372 S.E.2d 155 EDWARD WARREN JACKSON, SR. v. EARLINE S. JACKSON 45766 Record No. 860013Supreme Court of Virginia. September 23, 1988 Present: All the Justices In a malicious prosecution suit, a default judgment for compensatory and punitive damages is affirmed because when the defendant failed to respond to the motion for judgment within twenty-one days […]

425 S.E.2d 803 EQUITY INVESTORS, LTD. v. HERMAN C. WEST, ET AL. 48412 Record No. 920260Supreme Court of Virginia. January 8, 1993 Present: Carrico, C.J., Compton, Whiting, Lacy, Hassell, and Keenan, JJ., and Poff, Senior Justice Code Sec. 50-8.1 does nothing to affect the initial individual liabilities a partner may have for acts specified in […]