Category: Virginia Supreme Court Opinions

457 S.E.2d 86 KEITH EDWARD ANGSTADT, ET AL. v. ATLANTIC MUTUAL INSURANCE COMPANY 50048 Record No. 941119Supreme Court of Virginia. Decided April 21, 1995 Present: All the Justices Because the doctrine of collateral estoppel is inapplicable to the circumstances of this case, the trial court erred in granting summary judgment for the plaintiff insurance company; […]

207 S.E.2d 841 GULF RESTON, INC. v. MRS. CHARLES J. ROGERS, EXECUTRIX OF THE ESTATE OF CHARLES J. ROGERS, DECEASED. 43087 Record No. 730772.Supreme Court of Virginia. August 28, 1974 Present, Snead, C.J., I’Anson, Carrico, Harrison, Harman and Poff, JJ. Landlord and Tenant — Negligence — Criminal Acts of Another — Foreseeability. While tenant was […]

385 S.E.2d 572 RICHARD DAUGHERTY v. WILLIAM H. DIMENT, ET AL. 46099 Record No. 871150Supreme Court of Virginia. November 10, 1989 Present: Carrico, C.J., Compton, Stephenson, Russell, Thomas,[*] Whiting, and Lacy, JJ. [*] Justice Thomas participated in the hearing and decision of this case prior to the effective date of his resignation, November 1, 1989. […]

4 S.E.2d 369 SALLIE MCCLINTOCK, ET AL. v. J. POWELL ROYALL, ET AL. 37560 Record No. 2098Supreme Court of Virginia. September 13, 1939 Present, All the Justices 1. FRAUDULENT AND VOLUNTARY CONVEYANCES — Conveyance to Trustee for Wife — Evidence Showing that Wife’s Aunt and Not Husband Created Trust — Case at Bar. — The […]

107 S.E.2d 402 JAMES A. RUETT v. PAGE FRANKLIN NOTTINGHAM, JR., AN INFANT WHO SUES BY PAGE FRANKLIN NOTTINGHAM, SR., HIS FATHER AND NEXT FRIEND. 40066 Record No. 4899.Supreme Court of Virginia. March 16, 1959 Present, All the Justices. (1) Automobiles — Gross Negligence — Must Be Proved By Infant Passenger. (2) Automobiles — Gross […]

89 S.E.2d 344 WILLIE ALFONSO DIXON v. COMMONWEALTH OF VIRGINIA. 39779 Record No. 4413.Supreme Court of Virginia. October 10, 1955 Present, All the Justices. Burglary — Intent to Commit Felony — Conviction Set Aside for Failure to Prove. Defendant was convicted under Code Sec. 1950, section 18-160 of statutory burglary for entering a storehouse at […]

170 S.E.2d 779 ERNEST THOMAS JONES v. COMMONWEALTH OF VIRGINIA. ALVIN HALL v. COMMONWEALTH OF VIRGINIA. 42267 Record Nos. 7191 and 7213.Supreme Court of Virginia. December 1, 1969. Present, All the Justices. (1) Criminal Law — Sufficiency of Evidence — Presence at Scene. (2) Constitutional Law Point Not Reached. 1. Commonwealth’s evidence merely establishes that […]

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 […]

525 S.E.2d 278 LAURA LEE COMBS v. VIRGINIA ELECTRIC POWER COMPANY, ET AL. Record No. 990534.Supreme Court of Virginia. March 3, 2000. Present: Carrico, C.J., Compton,[1] Lacy, Hassell, Keenan, Koontz, and Kinser, JJ. [1] Justice Compton participated in the hearing and decision of this case prior to the effective date of his retirement on February […]

485 S.E.2d 134 COMMONWEALTH OF VIRGINIA, VIRGINIA DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, EX REL. JANET MAY v. RAYMOND M. WALKER Record No. 961377Supreme Court of Virginia. April 18, 1997 Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, and Keenan, JJ., and Poff, Senior Justice A circuit court did not have jurisdiction to […]

72 S.E.2d 336 HILDA V. BRASWELL v. JOSEPH G. THOMAS. 39274 Record No. 3956.Supreme Court of Virginia. September 10, 1952 Present, Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Appeal and Error — Period for Filing Petition for Appeal Expired. (2) Specific Performance — Enforcement of Decree — Relief Prayed Counter to Decree. 1. Appellant […]

99 S.E.2d 606 B-W ACCEPTANCE CORPORATION v. BENJAMIN T. CRUMP COMPANY, INC. 39888 Record No. 4651.Supreme Court of Virginia. September 6, 1957 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Fraud — Misrepresentation Innocently Made — Constitutes Constructive Fraud. (2) Trust Receipts — Not Valid on Goods Previously Delivered. (3) Trust […]

94 S.E.2d 295 NICHOLAS M. CORDOVANA AND MARGARET B. CORDOVANA v. AMAND C. VIPOND AND SHIRLEY W. VIPOND. 39774 Record No. 4503.Supreme Court of Virginia. September 4, 1956 Present, All the Justices. (1) Rivers and Water Courses — Riparian Rights — Owner’s Rights in Navigable Stream. (2) Rivers and Water Courses — Riparian Rights — […]

14 S.E.2d 372 WALTER M. BOTT v. N. SNELLENBURG Co., INC. Supreme Court of Virginia. Richmond Record No. 2346. April 21, 1941. Present, Campbell, C. J., and Holt, Gregory, Browning, Eggleston and Spratley, JJ. 1. SALES — Verdict — Effect of Conflicting Evidence — Case at Bar. — In the instant case, a suit by […]

595 S.E.2d 281 KANEY F. O’NEILL v. WINDSHIRE-COPELAND ASSOCIATES, L.P., ET AL. Record No. 031824.Supreme Court of Virginia. April 23, 2004. Present: All the Justices. The United States Court of Appeals for the Fourth Circuit certified the following question: “If the defendant-owner of an apartment building is negligent per se because the protective railing on […]

356 S.E.2d 157 COLEMAN WAYNE GRAY v. COMMONWEALTH OF VIRGINIA COLEMAN WAYNE GRAY v. COMMONWEALTH OF VIRGINIA 45114 Record No. 860373 Record No. 860374Supreme Court of Virginia. April 24, 1987 Present: Carrico, C.J., Cochran,[*] Poff, Compton, Stephenson, Russell, and Thomas, JJ. [*] Justice Cochran participated in the hearing and decision of this case prior to […]