Category: Virginia Supreme Court Opinions

57 S.E.2d 904 GEORGE H. BURTON v. CHESAPEAKE BOX AND LUMBER CORPORATION, ETC. 38970 Record No. 3616.Supreme Court of Virginia. March 13, 1950 Present, Gregory, Eggleston, Spratley, Buchanan, Staples and Miller, JJ. (1) Landlord and Tenant — Lease or Contract of Rental — Payment of Rent Plus Insurance Premiums Construed as Rental Clause Only. (2) […]

227 S.E.2d 693 ANN S. TANNER v. THE LIFE INSURANCE COMPANY OF VIRGINIA 43404 Record No. 751194.Supreme Court of Virginia. September 2, 1976 Present, All the Justices. Life Insurance — Accidental Death — Pre-existing Condition. Medical testimony supports finding that decedent’s sudden physical exertion in restraining another cooperated with a pre-existing arteriosclerosis to cause death […]

304 S.E.2d 1 ANITA McCASKEY v. PATRICK HENRY HOSPITAL, ET AL. 44490 Record No. 820192.Supreme Court of Virginia. June 17, 1983 Present: All the Justices. A finding by Industrial Commission under Code Sec. 65.1-99 that claimant is able to return to work is based upon credible evidence and is binding on Court. (1) Workmen’s Compensation […]

471 S.E.2d 485 IRIS GENTRY, ETC., ET AL. v. TOYOTA MOTOR CORPORATION, ET AL. Record No. 951640Supreme Court of Virginia. June 7, 1996 Present: All the Justices Since the trial court abused its discretion in dismissing with prejudice the plaintiffs’ action against an automobile manufacturer and other defendants for damages sustained while operating an allegedly […]

139 S.E.2d 61 KENE CORPORATION v. HOWARD HUGH HARRIS, STATE HIGHWAY COMMISSIONER. 41591 Record No. 5798.Supreme Court of Virginia. November 30, 1964 Present, Eggleston, C.J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Highways — Claim against Commissioner for Tortious Damage to Property — Commonwealth Not Answerable for Tort. (2) Real Property — Release […]

74 S.E.2d 175 JOHN T. ROBINSON v. BARROW-PENN AND COMPANY, INCORPORATED. 39340 Record No. 4009.Supreme Court of Virginia. January 26, 1953 Present, Hudgins, C.J., Buchanan, Miller, Smith, Whittle, JJ. (1) Master and Servant — Overtime Pay — Fair Labor Standards Act and Motor Carrier Act Construed. (2) Interstate Commerce — Duration of Interstate Movement. (3) […]

92 S.E.2d 497 THE COUNTY SCHOOL BOARD OF TAZEWELL COUNTY, VIRGINIA, ET AL. v. THE HONORABLE HAROLD F. SNEAD, JUDGE, ETC. TOWN OF RICHLANDS, VIRGINIA, A MUNICIPAL CORPORATION, ET AL. v. THE HONORABLE HAROLD F. SNEAD, JUDGE, ETC. 39740 Record Nos. 4559, 4560.Supreme Court of Virginia. April 23, 1956. Present, All the Justices. (1) Demurrer […]

484 S.E.2d 880 SHIRLEY DICKERSON v. NASROLLAH FATEHI, M.D., ET AL. Record No. 961531Supreme Court of Virginia. April 18, 1997 Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, and Koontz, JJ., and Whiting, Senior Justice If the facts alleged and admitted by a doctor in a medical malpractice case were presented to a jury, the jurors, […]

661 S.E.2d 487 Dillard’s, Inc., et al., Appellants, v. Carol West Judkins, Appellee. Dillard’s, Inc., et al., Appellants, v. Sabrina Dewalt, Appellee. Record Nos. 071303, 071304.Supreme Court of Virginia. June 6, 2008. Upon appeals from orders entered by the Circuit Court of the City of Hampton. Circuit Court Nos. CL05-1083-00, CL05-1081-00. Upon consideration of the […]

255 S.E.2d 470 WILLIAM H. DUVALL, ET AL. v. FORD LEASING DEVELOPMENT CORPORATION 43824 Record No. 771300.Supreme Court of Virginia. June 8, 1979 Present: All the Justices. Doctrine of reciprocal negative easements inapplicable to tract developed in separate and distinct subdivisions each with its set of restrictions; deed exempting portion of tract from restrictions construed […]

187 S.E.2d 172 LESLIE E. COLEMAN v. COMMONWEALTH OF VIRGINIA. 42661 Record Nos. 7742 and 7743.Supreme Court of Virginia. March 6, 1972 Present, Snead, C.J., Carrico, Gordon, Harrison, Cochran and Harman, JJ. (1) Automobiles — Suspension of Driver’s Permit — Refusal to Take Blood Test. (2) Pleading and Practice — Objection Not Sustained By Record. […]

85 S.E.2d 207 JOHN ALLEN GARST v. MARTHA ELIZABETH OBENCHAIN, ADMINISTRATRIX OF THE ESTATE OF HUBERT LEE OBENCHAIN, DECEASED. 39563 Record No. 4289.Supreme Court of Virginia. January 17, 1955 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Smith, JJ. (1) Automobiles — Guest Statute — Gross Negligence Defined. (2) Automobiles — Guest Statute — […]

54 S.E.2d 865 SIMON MOLOFSKY v. ROSE SIGAL. 38886 Record No. 3487.Supreme Court of Virginia. September 7, 1949. Present, Gregory, Eggleston, Spratley, Buchanan, Staples and Miller, JJ. (1) Evidence — Weight and Sufficiency — Evidence Held Sufficient to Prove Length of Time Required for Reconstruction of Building. (2) Landlord and Tenant — Termination of Tenancy […]

609 S.E.2d 49 BENTLEY FUNDING GROUP, L.L.C., ET AL. v. SKR GROUP, L.L.C. Record No. 041386.Supreme Court of Virginia. March 3, 2005. Present: All the Justices. A development company entered into five siltation and erosion control agreements with a county under which it was required to post cash escrows as security for its performance. One […]

372 S.E.2d 137 THELMA F. ANDERSON v. RALPH K. VAN LANDINGHAM 45751 Record No. 860560Supreme Court of Virginia. September 23, 1988 Present: All the Justices The trial court did not err in dismissing suit on a contract, where a court with appropriate jurisdiction modified an agreement incorporated into a divorce decree at the request of […]

204 S.E.2d 272 OTIS HUNT DAVIS v. COMMONWEALTH OF VIRGINIA. 43034 Record No. 730567.Supreme Court of Virginia. April 22, 1974 Present, All the Justices. Criminal Procedure — Insanity Instruction — Right or Wrong — Irresistible Impulse. Medical evidence indicated defendant was victim of grand mal or psychomotor seizure. On defendant’s plea of legal insanity, trial […]

286 S.E.2d 211 ANNA L. TODT v. VERNA KATE SHAW 44261 Record No. 791490.Supreme Court of Virginia. January 22, 1982 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ. Plaintiff’s Jury verdict as to damages for personal injuries and medical expenses in rear end automobile collision not disturbed; plaintiff’s failure to look in rear […]

127 S.E.2d 432 THE PHOENIX INSURANCE COMPANY v. LESTER BROTHERS, INCORPORATED. 41393 Record No. 5466.Supreme Court of Virginia. October 8, 1962 Present, All the Justices. (1) Principal and Surety — Payment Bond — No Notice of Non-Payment Required Under Terms of Bond. (2) Principal and Surety — Surety Not Entitled to Notice of Default. (3) […]