Category: Virginia Supreme Court Opinions

114 S.E.2d 622 HAYES RICHLANDS METAL PRODUCTS, INC., ET AL. v. J. E. HONAKER. 41118 Record No. 5084.Supreme Court of Virginia. June 13, 1960 Present, All the Justices. Automobiles — Plaintiff Held Contributorily Negligent as Matter of Law. Plaintiff recovered a verdict of $6,000 for injuries received when his vehicle collided with a truck of […]

41 S.E.2d 456 SOUTHERN RAILWAY COMPANY v. W. L. THOMPSON. 38562 Record No. 3153.Supreme Court of Virginia. March 3, 1947 Present, Holt, C. J., and Hudgins, Gregory, Eggleston, Spratley and Buchanan, JJ. 1. CROSSINGS — Warning Devices — Absence Does Not Relieve Traveler of Care. — The absence of warning by devices at a crossing […]

406 S.E.2d 28 GREATER RICHMOND TRANSIT COMPANY. ET AL. v. CLEMENTINE M. WILKERSON 47210 Record No. 901183Supreme Court of Virginia. June 7, 1991 Present: All the Justices Since it was error for the trial court to permit a witness to project the plaintiff’s wage loss and lessening of earning capacity based on the method and […]

106 S.E.2d 620 WESLEY JAMES WEAVER v. BENEFICIAL FINANCE COMPANY, INCORPORATED, ET AL. 40045 Record No. 4881.Supreme Court of Virginia. January 26, 1959 Present, All the Justices. Libel and Slander — Letter Held Not Libelous Per Se. Plaintiff Weaver, employed as a mechanic by the Navy, sued the defendants because of the republication of an […]

519 S.E.2d 808 DENNIS MITCHELL ORBE v. COMMONWEALTH OF VIRGINIA. Record Nos. 990363 990364.Supreme Court of Virginia. September 17, 1999. Present: All the Justices. In a capital murder case in which the defendant murdered a gas station attendant during commission of a robbery, the circuit court imposed the death sentence. After considering each of defendant’s […]

626 S.E.2d 440 TAMARA MOWBRAY BERRY v. ESTHER MADDOX TRIBLE, ET AL. Record No. 051161.Supreme Court of Virginia. March 3, 2006. Present: All the Justices. Decedent’s niece sought probate for an attested document executed several years before decedent’s death (the prior will), which made the niece the executor and sole beneficiary of the estate. The […]

232 S.E.2d 742 WILLIAM V. ROBINSON v. COMMONWEALTH OF VIRGINIA. 43482 Record No. 760460.Supreme Court of Virginia. March 4, 1977 Present, All the Justices. No-Fence Law — Statutory Construction — Severability. Prosecution under state no-fence statute, without an ordinance which establishes boundaries as lawful fences, must fail. Local ordinance without severability clause is presumed non-severable. […]

429 S.E.2d 221 EDWARD R. CURLEY, JR., ET AL. v. DAHLGREN CHRYSLER-PLYMOUTH, DODGE, INC., ET AL. 48454 Record No. 921288Supreme Court of Virginia. April 16, 1993 Present: All the Justices The trial court erred in dismissing a plaintiff shareholder’s claim of unlawful distribution of corporate assets because, although the defendant shareholders were not duly elected […]

643 S.E.2d 156 ESTATE OF BOBBY GENE MOSES, DECEASED BY THE PERSONAL REPRESENTATIVE, CARLTON L. MOSES v. SOUTHWESTERN VIRGINIA TRANSIT MANAGEMENT COMPANY, INC., ET AL. Record No. 060369.Supreme Court of Virginia. April 20, 2007. Present: Hassell, C.J., Lacy, Keenan, Lemons, and Agee, JJ., and Russell, S.J. The 72-year-old plaintiff was injured when crossing a one-way, […]

32 S.E.2d 689 EDGAR WALLACE HUMPHRIES v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, A CORPORATION. 38279 Record No. 2917.Supreme Court of Virginia. January 15, 1945. Present, Campbell, C.J., and Holt, Gregory, Eggleston and Spratley, JJ. 1. WORKMEN’S COMPENSATION — Burden of Proof — On Hearing Before Commission. — On a hearing before the Industrial […]

497 S.E.2d 464 UNINSURED EMPLOYER’S FUND v. HAROLD C. MOUNTS, ET AL. Record No. 971074Supreme Court of Virginia. February 27, 1998 Present: All the Justices Given the statutory mandate to insure and keep insured its liability, an employer with employees susceptible to pneumoconiosis must anticipate that claims may accrue in the future and must secure […]

119 S.E.2d 320 STEPHEN J. CRAIG, ET AL. v. JOHN BOWMAN KENNEDY. 41214 Record No. 5201.Supreme Court of Virginia. April 24, 1961 Present, All the Justices. (1) Easements — Easement of Right of Way Over Road Acquired by Prescription. (2) Easements — Right of Way — Gate May Be Maintained Unless Replaced by Cattle Guard. […]

531 S.E.2d 569 ERIC LEE DOBSON, A/K/A DAVID LEE BROWN v. COMMONWEALTH OF VIRGINIA. Record No. 991582.Supreme Court of Virginia. June 9, 2000. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Whiting, Senior Justice. Defendant was tried by a jury and found guilty of grand larceny of a motor vehicle owned by […]

275 S.E.2d 620 BENJAMIN EUGENE HOLLOMAN v. COMMONWEALTH OF VIRGINIA 44083 Record No. 800763.Supreme Court of Virginia. March 6, 1981 Present: Carrico, C.J., Harrison, Cochran, Poff, Compton, Thompson, JJ., and Harman, S.J. Warrantless seizure of marijuana during valid search for beer and whiskey unlawful under plain view exception when found during search of places which […]

311 S.E.2d 757 AMOS LEVI COOPER, ET AL. v. WHITING OIL COMPANY, INCORPORATED 44576 Record No. 810668.Supreme Court of Virginia. January 20, 1984. Present: All the Justices. Trial Court properly granted motion to strike evidence of oil company’s negligence in repairing leaking gasoline tank where plaintiffs failed to prove defendant’s negligent acts after defendant received […]

125 S.E.2d 159 JOHN DOE v. THOMAS PRESTON BROWN. 41346 Record No. 5405.Supreme Court of Virginia. April 23, 1962 Present, Eggleston, C. J., and Buchanan, Whittle, Snead, I’Anson and Carrico, JJ. (1) and (2) Uninsured Motorist Law — Action Against Unknown Driver — Provisions for Service of Process Satisfy Constitutional Tests. (3) Uninsured Motorist Law […]

248 S.E.2d 791 COMMONWEALTH NATURAL RESOURCES, INC., CNG TRANSMISSION COMPANY AND ALLIED CHEMICAL CORPORATION v. COMMONWEALTH OF VIRGINIA AND STATE CORPORATION COMMISSION 43731 Records Nos. 771193 and 771842.Supreme Court of Virginia. November 22, 1978 Present: All the Justices. Gross receipts franchise tax properly levied on sales of natural gas in 1975 to Allied chemical without […]

81 S.E.2d 605 THELMA CHRISTINE WILSON v. EDWIN L. WILSON. 39483 Record No. 4216.Supreme Court of Virginia. May 3, 1954 Present, Hudgins, C.J., and Eggleston, Spratley, Miller, Smith and Whittle, JJ. (1) Husband and Wife — Separate Maintenance — Wife Entitled to Select Home. (2) Husband and Wife — Allowances to Wife — Appointment of […]

330 S.E.2d 84 MARY BROWN, ET AL. v. WILLIAM L. LUKHARD, ETC., ET AL. 44797 Record No. 821058Supreme Court of Virginia. at Richmond Decided April 26, 1985 Present: All the Justices A policy change by the State Board of Welfare, denying benefits to recipients of Aid to Dependent Children for students between the ages of […]

163 S.E.2d 601 GEORGE KENT FOSTER v. COMMONWEALTH OF VIRGINIA. 42132 Record No. 6686.Supreme Court of Virginia. October 14, 1968 Present, All the Justices. Criminal Law — Larceny — Sufficiency of Evidence. Evidence showed property missing from storeroom of defendant’s employer at a time when defendant, and others, had access to storeroom; that portions of […]