Category: Virginia Supreme Court Opinions

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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; […]

480 S.E.2d 109 ROBERT COURTLAND MOATES v. JOHN W. HYSLOP, ET AL. Record No. 960933Supreme Court of Virginia. January 10, 1997 Present: All the Justices The trial court correctly ruled that the plaintiff patient was required to show by qualified medical experts whether and to what extent information should have been disclosed to him by […]

50 S.E.2d 390 COMMONWEALTH OF VIRGINIA, DIVISION OF MILITARY AFFAIRS, EMPLOYER, AND COLUMBIA CASUALTY COMPANY, INSURER v. HELEN M. GRANGER. 38777 Record No. 3440.Supreme Court of Virginia. November 22, 1948 Present, All the Justices. 1. WORKMEN’S COMPENSATION — Injuries Compensable — Code Section 1887(2e) Not Separate Act — Sets Up Requirements for Compensation for Hernia. […]

148 S.E.2d 795 JESSIE JAMES FREEMAN v. C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 01026 Record No. 6138.Supreme Court of Virginia. June 13, 1966 Present, Eggleston, C.J., and Spratley, Snead, I’Anson, Carrico and Gordon, JJ. (1) Criminal Procedure — Preliminary Hearing — Fugitive May Be Indicted Without. (2) Habeas Corpus — Plenary Hearing […]

650 S.E.2d 699 CRAIG K. HERON, JR., ET AL. v. TRANSPORTATION CASUALTY INSURANCE COMPANY. Record No. 061813.Supreme Court of Virginia. September 14, 2007. Present: Hassell, C.J., Koontz, Kinser, Lemons, and Agee, JJ., and Russell and Lacy[1] , S.JJ. [1] Justice Lacy participated in the hearing and decision of this case prior to the effective date […]

277 S.E.2d 230 MICHAEL B. HEMMING v. JOHN C. HUTCHINSON 44111 Record No. 791025.Supreme Court of Virginia. April 24, 1981 Present: All the Justices. Evidence of intoxication in a personal injury case cannot be admitted until the requisite foundation is established. (1) Evidence — Intoxication — Personal Injury Litigation — When Admissible. (2) Pleading and […]

576 S.E.2d 504 ANITA LEE DAVIS v. MARSHALL HOMES, INC. AND MARSHALL MEREDITH, INDIVIDUALLY. Record No. 020421.Supreme Court of Virginia. February 28, 2003. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Carrico, S.J.[1] [1] Chief Justice Carrico presided and participated in the hearing and decision of this case prior to the effective […]

111 S.E.2d 405 A. HADRUP, ET AL. v. THOMAS BATTAILE SALE, JR., ET AL. 41051 Record No. 5006.Supreme Court of Virginia. November 30, 1959 Present, All the Justices. Mechanic’s Lien — Property Sold During Construction — Work Held Not Terminated By Sale. Hadrup contracted to do plumbing and heating work on a house being built […]

329 S.E.2d 6 LEE M. FOX v. MARY ANN MCEACHERN TEMPLETON 44805 Record No. 820917Supreme Court of Virginia. at Richmond Decided April 26, 1985 Present: All the Justices A creditor whose debt was subordinate to a recorded judgment lien is held not to improve position by taking title to real estate to satisfy a debt, […]

48 S.E.2d 225 SAMUEL A. STEINGOLD, ETC. v. EMMETT T. SEATON, ETC. 38730 Record No. 3343.Supreme Court of Virginia. June 14, 1948 Present, Hudgins, C. J., and Eggleston, Buchanan, Staples and Miller, JJ. 1. APPEAL AND ERROR — Record — Addition by Court of Chancery. — A court of chancery in the absence of some […]

369 S.E.2d 194 DON G. WILSON AND LYSLE R. HAZELGROVE, JR., TRUSTEES v. GENEVA D. ROWLETT 45670 Record No. 850900Supreme Court of Virginia. Decided: June 10, 1988 Present: All the Justices A finding that trustees of a group life insurance trust had a duty to notify a participant of the termination of his life insurance […]