Category: Virginia Supreme Court Opinions

278 S.E.2d 801 DAVE G. BERGMANN v. L W DRYWALL AND SELECTED RISKS INSURANCE COMPANY 44126 Record No. 801267.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. When two rules of law — one regarding the claimant’s burden of proof, and one regarding a disability with two causes — are confused by the […]

31 S.E.2d 260 RALPH TAYLOR AND MALCOLM TAYLOR v. KING COLE THEATRES, INCORPORATED, ET ALS. 38240 Record No. 2833.Supreme Court of Virginia. September 6, 1944. Present, Campbell, C.J., and Hudgins, Gregory, Eggleston and Spratley, JJ. 1. LANDLORD AND TENANT — Assignments — Assignability of Leases Generally. — In the absence of an express prohibition, all […]

507 S.E.2d 348 JOHNNY CALVIN NEWMAN, ET AL. v. ERIE INSURANCE EXCHANGE Record No. 980025Supreme Court of Virginia. November 6, 1998 Present: All the Justices In a declaratory judgment proceeding concerning insurance coverage, final judgment is awarded declaring that a child was “using” the school bus at the time of an accident, within the meaning […]

27 S.E.2d 902 ALBERTA HUNDLEY v. LUVINIA HUNDLEY, AND COLLEGE OF WILLIAM AND MARY. 38125 Record No. 2735.Supreme Court of Virginia. December 6, 1943. Present, Campbell, C. J., and Hudgins, Gregory, Eggleston and Spratley, JJ. 1. WORKMEN’S COMPENSATION — Death Benefits — Wife Forced to Separate from Husband by Cruelty — Case at Bar. — […]

324 S.E.2d 682 WALTER R. C. STAMPER v. COMMONWEALTH OF VIRGINIA 44755 Record No. 832043.Supreme Court of Virginia. January 18, 1985. Present: All the Justices. Attorney who received marijuana as legal fee convicted of possession of marijuana with intent to distribute; entrapment and other issues considered. (1) Criminal Procedure — Indictment — Rules of Court […]

87 S.E.2d 781 WILEY N. JACKSON COMPANY, INC., AND THE FIDELITY AND CASUALTY COMPANY OF NEW YORK v. CITY OF NORFOLK. 39744 Record No. 4372.Supreme Court of Virginia. June 13, 1955 Present, All the Justices. (1) Suretyship — Contribution — Nature Explained. (2) Joint Adventure — Rules Stated. (3) Suretyship — Contribution — Cannot Be […]

72 S.E.2d 632 LENNA LANDES BAKER v. WILLIAM E. BAKER. 39300 Record No. 3988.Supreme Court of Virginia. October 13, 1952 Present, Eggleston, Spratley, Buchanan, Miller, Smith and Whittle, JJ. (1) Depositions — Notice of Taking — Insufficiency of Notice Incorporated in Bill of Complaint. (2) Depositions — Notice of Taking — Purpose. (3) Depositions — […]

123 S.E.2d 391 THATCH T. EWELL v. RUTH H. ELLIOTT. 41298 Record No. 5353.Supreme Court of Virginia. January 15, 1962. Present, All the Justices. Automobiles — Intersection Collision — Plaintiff Not Guilty of Contributory Negligence. Mrs. Ewell testified that while she was driving south on Dale street in Portsmouth she reached the north line of […]

171 S.E.2d 835 CATHERINE C. FISHER v. FRANCIS G. GORDON, III. 42306 Record No. 7058.Supreme Court of Virginia. January 19, 1970 Present, All the Justices. (1) Pleading and Practice — Negligence — Motion to Strike. (2) Automobiles — Hazardous Condition. (3) Automobiles — Marked Highway Lanes. (4) Automobiles — Negligence — Left Turn in Snow […]

684 S.E.2d 583 CHAUNCEY LAMONT MONTAGUE v. COMMONWEALTH OF VIRGINIA. Record No. 090337.Supreme Court of Virginia. November 5, 2009. Present: Keenan, Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Lacy, S.J. Two off-duty police officers employed at a local apartment complex, in an effort to prevent trespassing by individuals who had been barred from the […]

180 S.E.2d 674 JESSE SLEDGE, ET AL. v. CHARLIE C. PRICE. 42482 Record No. 7442.Supreme Court of Virginia. April 26, 1971 Present, All the Justices. Workmen’s Compensation — Statute of Limitations. Injured employee last received compensation on May 14, 1967 and returned to work. Application January 31, 1969 for review of award comes too late. […]

156 S.E.2d 792 CARL BIESSER v. TOWN OF HOLLAND. 41987 Record No. 6467Supreme Court of Virginia. September 8, 1967 Present, All the Justices. (1) Speeding — Radar Check — Accuracy — Burden on Town. (2) Criminal Law — Mechanical Devices — Accuracy — Hearsay Evidence. (3) Radar Check — Testing. 1. Agreed statement of facts […]

21 S.E.2d 753 T. X. PARSONS, SUBSTITUTED TRUSTEE OF THE J. P. M. SIMMERMAN ESTATE, ET ALS. v. J. L. WYSOR, ADMINISTRATOR D.B.N.C.T.A. OF THE ESTATE OF E. LEE TRINKLE, ET ALS. Supreme Court of Virginia. Staunton Record No. 2576. September 9, 1942. Present, Holt, Hudgins, Gregory, Eggleston and Spratley, JJ. 1. TRUSTS AND TRUSTEES […]

337 S.E.2d 741 FAIRFAX-FALLS CHURCH COMMUNITY SERVICES BOARD v. PATIENCE S. HERREN AND ALLEN G. SCHOR 44882 Record No. 821036Supreme Court of Virginia. November 27, 1985 Present: All the Justices The trial court’s award of damages for anticipatory breach of long term employment contracts with an agency of local government is reversed because the contracts […]

483 S.E.2d 216 GORDON GAY v. NORFOLK AND WESTERN RAILWAY COMPANY Record No. 961214Supreme Court of Virginia. February 28, 1997 Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Koontz, JJ., and Poff, Senior Justice Since the trial court erred in holding that the plaintiff had waived his objection to the trial court’s use of his […]

122 S.E.2d 658 EULA CROOKSHANKS CAMPBELL v. CLAUDE DOUGLAS CAMPBELL. 41278 Record No. 5332.Supreme Court of Virginia. November 27, 1961 Present, All the Justices. (1) Custody — Children of Divorced Parents — Rules for Awarding Stated. (2) Custody — Awarded to Mother as Natural Guardian. 1. The welfare of the child is the controlling question […]

74 S.E.2d 212 SARAH EGGLESTON v. BROADWAY-MANHATTAN TAXICAB CORPORATION AND S.C. LAWRENCE. 39333 Record No. 4030.Supreme Court of Virginia. January 26, 1953 Present, Eggleston, Buchanan, Miller, Smith, and Whittle, JJ. Automobiles — Negligence in Alighting from Taxicab on Street Side. It was definitely proved by plaintiff’s evidence (she being the only witness) that she was […]

376 S.E.2d 283 WHITE CONSOLIDATED INDUSTRY, INC., D/B/A, ETC., ET AL. v. ROGER SWINEY, ET AL. 45874 Record No. 860337Supreme Court of Virginia. January 13, 1989 Present: Carrico, C.J., Poff,[*] Compton, Stephenson, Russell, Thomas, and Whiting, JJ. [*] Justice Poff prepared and the Court adopted the opinion in this case prior to the effective date […]