69 S.E.2d 336 JOSEPH RICHARD HUNDLEY, JR. v. COMMONWEALTH OF VIRGINIA. 39214 Record No. 3926.Supreme Court of Virginia. March 10, 1952 Present, All the Justices. (1) Automobiles — Driving While Intoxicated and Reckless Driving — Code Section 19-232 Not Applicable. (2) Criminal Procedure — Severance of Charges — Denied after Case Fully Developed. (3) Witnesses […]
Category: Virginia Supreme Court Opinions
N. W. RAILWAY v. BAKER, 226 Va. 527 (1984)
311 S.E.2d 766 NORFOLK AND WESTERN RAILWAY COMPANY v. DONALD F. BAKER 44580 Record No. 811279Supreme Court of Virginia. January 20, 1984 Present: All the Justices. Personal injury suit against Railway for injury to plaintiff by car door was improperly submitted to Jury where no evidence existed of breach of duty proximately causing injury; N. […]
MAXWELL v. COMMONWEALTH, 165 Va. 860 (1936)
183 S.E. 452 VERA MAXWELL v. COMMONWEALTH 37027Supreme Court of Virginia. January 16, 1936 Present, All the Justices. 1. ROBBERY — In Virginia All Essential Common-Law Elements Must Exist. — While section 4405 of the Code of 1930 prescribes the punishment according to the mode by which a robbery is effected, it does not undertake […]
RULE v. FIRST NAT. BANK, 182 Va. 227 (1944)
28 S.E.2d 709 J. L. RULE v. THE FIRST NAT’L BANK OF CLIFTON FORGE, VA., EXOR. 38152 Record No. 2727.Supreme Court of Virginia. January 24, 1944. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. WILLS — Construction and Operation — Intention of Testator — Gathered from Words as Used by […]
SHRINERS HOSPITALS v. SMITH, 238 Va. 708 (1989)
385 S.E.2d 617 SHRINERS HOSPITALS FOR CRIPPLED CHILDREN v. NOAH MACK SMITH 46121 Record No. 880305Supreme Court of Virginia. November 10, 1989 Present: Carrico, C.J., Compton, Stephenson, Russell, Thomas,[*] Whiting, and Lacy, JJ. [*] Justice Thomas participated in the hearing and decision of this case prior to the effective date of his resignation, November 1, […]
EADS v. CLARK, 272 Va. 192 (2006)
630 S.E.2d 502 RANDALL A. EADS v. DAVID CLARK, GUARDIAN OF THE PERSON AND ESTATE OF ROY DALLAS JOHNSON, INCOMPETENT, ET AL. Record No. 051228.Supreme Court of Virginia. June 8, 2006. Present: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Carrico, S.J. The guardian for a person under a disability who had been […]
TURNER v. RAILWAY COMPANY, 205 Va. 691 (1964)
139 S.E.2d 68 ANNIE TURNER, ADMINISTRATRIX, ETC. v. NORFOLK SOUTHERN RAILWAY COMPANY. 41601 Record No. 5801.Supreme Court of Virginia. November 30, 1964 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Railroads — Decedent Killed on Track — Issue of Last Clear Chance a Jury Question. (2) Evidence — Admission Against Interest […]
BD. OF SUPERVISORS OF FAIRFAX CTY. v. ROBERTSON, 266 Va. 525 (2003)
587 S.E.2d 570 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. v. RICHARD M. ROBERTSON. Record No. 030039.Supreme Court of Virginia. October 31, 2003. Present: All the Justices. Plaintiff owns 2.78 acres of real estate located abutting a busy airport access road. Because of the property’s configuration, virtually all the parcel lies within a 200-foot […]
CITY COUNCIL OF VIRGINIA BEACH v. HARRELL, 236 Va. 99 (1988)
372 S.E.2d 139 CITY COUNCIL OF THE CITY OF VIRGINIA BEACH v. JAMES L. HARRELL, III, ET AL. 45753 Record No. 851007Supreme Court of Virginia. September 23, 1988 Present: All the Justices Where applicants for a conditional use permit failed to present evidence that the use permitted under the ordinance or the existing zoning classification […]
SHIFLETT v. THE ORANGE HUMANE SOCIETY, 48 Va. 297 (1851)
SHIFLETT c. v. THE ORANGE HUMANE SOCIETY. Supreme Court of Virginia. March 5, 1851. (Absent Cabell, P. and Brooke, J.) In an action on a bond given for the purchase money of land, the act of 1831 does not authorize a plea of failure of consideration upon equitable grounds which would require a rescision of […]
WASHINGTON, ETC. R. R. v. ALEXANDRIA, 191 Va. 184 (1950)
60 S.E.2d 40 WASHINGTON AND OLD DOMINION R. R. v. CITY OF ALEXANDRIA, VIRGINIA. 39017 Record No. 3682.Supreme Court of Virginia. June 19, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Zoning — Ordinances — Proof That Area Was Zoned Required to Show Violation. (2) Criminal Procedure — Evidence — […]
P. R. SMITH MOTOR SALES v. LAY, 173 Va. 117 (1939)
3 S.E.2d 190 P. R. SMITH MOTOR SALES, INC. v. C. D. LAY, E. W. BOND, FRANK YEAR AND W. R. PETERS 37532 Record No. 2079Supreme Court of Virginia. June 12, 1939 Present, All the Justices 1. WORDS AND PHRASES — “Removal.” — “Removal” connotes something more than a mere change of location; some reestablishment […]
BATCHELLER v. COMMONWEALTH, 176 Va. 109 (1940)
10 S.E.2d 529 HENRY E. BATCHELLER, ET AL. v. COMMONWEALTH, EX REL., ETC. Supreme Court of Virginia. Staunton Record No. 2279. September 5, 1940. Present, All the Justices. 1. AVIATION — Nuisances — Airport, Landing Field or Flying School. — An airport, landing field or flying school is not a nuisance per se, although it […]
CARTER v. HINKLE, 189 Va. 1 (1949)
52 S.E.2d 135 BISHOP EDWARD CARTER, ET AL. v. JACOB B. HINKLE. 38808 Record No. 3457.Supreme Court of Virginia. March 7, 1949 Present, All the Justices. 1. ACTIONS — Splitting Causes of Action — Injuries to Person and Property Resulting from Single Tortious Act Give Rise to Distinct Causes of Action — Case at Bar. […]
MYERS v. SUTTON, 213 Va. 59 (1972)
189 S.E.2d 336 DOROTHY BIAS MYERS v. PAUL N. SUTTON. 42739 Record No. 7813.Supreme Court of Virginia. June 12, 1972 Present, Snead, C.J., I’Anson, Harrison, Cochran and Harman, JJ. (1) Automobiles — Negligence — Sufficiency of Evidence. (2) Automobiles — Instructions — Sudden Illness. (3) Appellate Review — Untimely Objection. 1. Myers drove car into […]
POODLE CLUB v. POODLE CLUB, 206 Va. 945 (1966)
147 S.E.2d 68 THE CAVALIER POODLE CLUB, AN UNINCORPORATED ASSOCIATION, ET AL. v. THE CAVALIER POODLE CLUB, A CORPORATION. 41810 Record No. 6126.Supreme Court of Virginia. March 7, 1966 Present, All the Justices. (1) Unincorporated Associations — Organization Held Abandoned. (2) Corporations — Corporate Name — First Taker Has Prior Right to. 1. Dissension arose […]
RICHMOND-GREYHOUND LINES v. DAVIS, 200 Va. 147 (1958)
104 S.E.2d 813 RICHMOND-GREYHOUND LINES, INCORPORATED v. F. A. DAVIS, STATE HIGHWAY COMMISSIONER OF VIRGINIA, ET AL. 39997 Record No. 4877.Supreme Court of Virginia. September 10, 1958 Present, Eggleston, C.J., and Spratley, Buchanan, Miller, Whittle and Snead, JJ. (1) Mandamus — Rules Stated. (2) Highway Commission — Provision of Bus Facilities on Hampton Tunnel Project […]
COLLINS v. SMITH, ADMINISTRATOR, 198 Va. 778 (1957)
96 S.E.2d 818 DOUGLAS COLLINS, ET AL. v. JEAN W. SMITH, ADMINISTRATRIX, ETC. 39833 Record No. 4631.Supreme Court of Virginia. March 11, 1957 Present, Eggleston, Spratley, Buchanan, Miller, Whittle and Snead, JJ. (1) Wrongful Death — Negligence — Jury Issue Presented by Evidence. (2) Wrongful Death — Negligence — Causal Connection Properly Inferred. (3) Negligence […]
SCHNEIDER v. COMMONWEALTH, 230 Va. 379 (1985)
337 S.E.2d 735 EDWARD GILBERT SCHNEIDER v. COMMONWEALTH OF VIRGINIA 44880 Record No. 841307Supreme Court of Virginia. November 27, 1985 Present: All the Justices Defendant’s conviction for distribution of marijuana in violation of Code 18.2-248.1(a)(3) is affirmed where his defense of entrapment created an issue of fact that was properly resolved against him by the […]
BURGESS v. COMMONWEALTH, 224 Va. 368 (1982)
297 S.E.2d 654 LEVI BURGESS v. COMMONWEALTH OF VIRGINIA 44389 Record No. 811546.Supreme Court of Virginia. December 3, 1982 Present: Carrico. C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ., and Harrison, Retired Justice. A separate trial is a matter of right and the election, if made before the trial commences, must be honored by court; […]