Category: Virginia Supreme Court Opinions

237 S.E.2d 97 R.H. LEONARD AND ERIE INSURANCE EXCHANGE v. WILLIAM A. ARNOLD 43555 Record No. 760796.Supreme Court of Virginia. September 1, 1977 Present: All the Justices. Whether injury is “change of condition ” or a “new accident” for time limit in filing claim with Industrial Commission. (1) Pleading and Practice — Failure to Designate […]

56 S.E.2d 362 GILFORD WESLEY v. COMMONWEALTH OF VIRGINIA. 38928 Record No. 3591.Supreme Court of Virginia. November 21, 1949 Present, All the Justices. (1) Burglary and Housebreaking — Verdict and Sentence — Failure to Specify Building Accused Broke and Entered. (2) Burglary and Housebreaking — Larceny — Conviction of Both Offenses on Single Count — […]

457 S.E.2d 76 DKM RICHMOND ASSOCIATES, L.P. v. CITY OF RICHMOND 50043 Record No. 941042Supreme Court of Virginia. Decided April 21, 1995 Present: Carrico, C.J., Compton, Stephenson, Whiting, Hassell and Keenan, JJ., and Poff, Senior Justice Since the taxpayer failed to carry its burden to show continuing entitlement to a partial exemption from real estate […]

62 S.E.2d 6 ERNEST G. FLOYD v. COMMONWEALTH OF VIRGINIA. 39058 Record No. 3721.Supreme Court of Virginia. November 27, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Mayhem — Evidence — Circumstances Tending to Prove Malicious Assault. (2) Mayhem — Evidence — Circumstances Tending to Prove Self-Defense. (3) Mayhem — […]

120 S.E.2d 476 CONTINENTAL BAKING COMPANY v. CITY OF CHARLOTTESVILLE, ET AL. ALICE S. MERRIMAN, ET AL. v. CITY OF CHARLOTTESVILLE, ET AL. THOMAS L. MOONEY, ET AL. v. CITY OF CHARLOTTESVILLE, ET AL. 41235 Record Nos. 5280, 5281, 5282.Supreme Court of Virginia. June 12, 1961 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and […]

97 S.E.2d 820 VIDA TATUM SMITH, ADMINISTRATRIX, ETC. v. DORA TATUM. 39862 Record No. 4652.Supreme Court of Virginia. April 26, 1957 Present, Hudgins, C.J., and Eggleston, Buchanan, Miller, Whittle and Snead, JJ. (1) Gross Negligence — Paying Passenger Defined. (2) Negligence — Res Ipsa Loquitur — Doctrine Held Not Applicable. (3) Negligence — Contributory Negligence […]

585 S.E.2d 540 MCI WORLDCOM NETWORK SERVICES, INCORPORATED v. OSP CONSULTANTS, INCORPORATED. Record No. 030312.Supreme Court of Virginia. September 12, 2003. Present: Hassell, C.J., Lacy, Koontz, Kinser, Lemons, and Agee, JJ., and Stephenson, S.J. Defendant severed one of plaintiff’s telecommunications cables, but the communications traffic was automatically re-routed within moments to other cable capacity built […]

439 S.E.2d 366 COX CABLE HAMPTON ROADS, INC. v. CITY OF NORFOLK 49208 Record No. 930062Supreme Court of Virginia. January 7, 1994 Present: All the Justices A city tax on cable television service which did not apply to satellite systems did not violate a taxpayer’s rights guaranteed under the Equal Protection Clause of the Fourteenth […]

104 S.E.2d 60 GEORGE W. MILAM, ET AL. v. COMMONWEALTH OF VIRGINIA. 39987 Record No. 4783.Supreme Court of Virginia. June 16, 1958 Present, All the Justices. (1) Alcoholic Beverages — State May Prohibit or Regulate Importation. (2) Alcoholic Beverages — Liquor Held in State Contrary to Law. (3) Alcoholic Beverages — Importation in Possession or […]

110 S.E.2d 525 SYDNOR PUMP AND WELL COMPANY, INCORPORATED v. PAUL N. TAYLOR, ET AL. 41033 Record No. 4982.Supreme Court of Virginia. October 12, 1959 Present, All the Justices. (1) Private Water Systems — Finding of Inadequacy by Corporation Commission — Held Supported by Evidence. (2) Private Water Systems — Corporation Commission’s Authority as to […]

163 S.E.2d 178 THE FIRST CHURCH OF CHRIST, SCIENTIST v. ALBERTA A. A. HUTCHINGS AND OTHERS. 42107 Record No. 6733.Supreme Court of Virginia. September 6, 1968 Present, All the Justices. Wills — Probate — Collateral Attack. When clerk of probate court entered order reciting that holographic will had been proved and was admitted to probate, […]

94 S.E.2d 243 THOMPSON’S DAIRY, INCORPORATED v. COMMONWEALTH OF VIRGINIA. THOMPSON’S DAIRY, INCORPORATED v. CITY OF ALEXANDRIA. 39782 Record Nos. 4530, 4529.Supreme Court of Virginia. September 4, 1956. Present, All the Justices. (1) Taxation — Peddler’s License Tax — Dairy Not Exempt From. (2) Taxation — Peddler’s License Tax — Not Burden on Interstate Commerce. […]

561 S.E.2d 726 CITY OF VIRGINIA BEACH v. SUSAN OAKES, ADMINISTRATRIX OF THE ESTATE OF PAULINE BELCHER, ET AL. Record No. 011613.Supreme Court of Virginia. April 19, 2002. A city initiated condemnation proceedings to acquire real property and easements for road and utility improvements to an existing boulevard. The city and the landowners agreed on […]

77 S.E.2d 468 KRAMER BROTHERS COMPANY v. BERTHA ELIZABETH POWERS, ADMINISTRATRIX, c. 39388 Record No. 4066.Supreme Court of Virginia. September 10, 1953 Present, Hudgins, C.J., and Spratley, Miller, Smith and Whittle, JJ. Statute of Frauds — Building Contract — Owner’s Promise to Pay Materialman Held Original and Enforceable. C. B. Powers contracted to construct a […]

213 S.E.2d 774 LOUIS ADELMAN, ET AL. v. CONOTTI CORPORATION, ET AL. 43201 Record No. 740665.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. (1) Corporations — Officers and Directors — Fiduciaries. (2) Directors and Officers — Breach of Fiduciary Duty. (3) Equity — Remedies. 1. In dealing with a corporation and its […]