Category: Virginia Supreme Court Opinions

159 S.E.2d 827 GEORGIA MARGUERITE HICKS, ADMINISTRATRIX, ETC. v. ANN F. CASSIDY, ADMINISTRATRIX, ETC. 42050 Record No. 6525.Supreme Court of Virginia. March 4, 1968 Present, All the Justices. (1) Pleading and Practice — Motion for Continuance. (2) Automobiles — Motion to Strike — Presumptions. 1. Not error to refuse motion for continuance because witness out […]

237 S.E.2d 115 ELWOOD H. BARTLETT AND LOUISE ALDERMAN BARTLETT v. BANK OF CARROLL 43560 Record No. 760710.Supreme Court of Virginia. September 1, 1977 Present: All the Justices. Action for wrongful dishonor of checks under Code Sec. 8.4-402. (1) Commercial Code — Banks and Banking — When Item Finally Paid — “Depository” and “Payor” Bank […]

302 S.E.2d 51 ANDREA T. MORRIS v. MARSHA HAMILTON 44483 Record No. 801921.Supreme Court of Virginia. April 29, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, Russell, JJ., and Harrison, Retired Justice. Bailment principles applied where defendant concedes being a bailee; evidence insufficient to prove gross negligence for bailor’s recovery from gratuitous bailee. (1) Property […]

32 S.E.2d 729 DR. J. M. HAMLET, JOHN M. HAMLET, JR. AND MRS. B. K. WINSTON v. JOHN CHAPPELL HAMLET. 38278 Record No. 2858.Supreme Court of Virginia. January 15, 1945. Present, All the Justices. 1. WILLS — Signing — Place of Signing — At Commencement or in Body of Will. — It is essential that […]

163 S.E.2d 148 VIRGINIA STAGE LINES, INC., ET AL. v. BROCKMAN CHEVROLET, INC. 42112 Record No. 6769.Supreme Court of Virginia. September 6, 1968 Present, Eggleston, C.J., Buchanan, Snead, I’Anson, Carrico and Gordon, JJ. (1) Automobiles — Negligence — Stopping on Highway. (2) Automobiles — Negligence — Proximate Cause. 1. Bus traveling south stopped by police […]

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 […]

357 S.E.2d 514 WILLIAM R. GILMORE v. BASIC INDUSTRIES, INC., ET AL. 45132 Record No. 840763Supreme Court of Virginia. June 12, 1987 Present: Carrico, C.J., Poff, Compton, Stephenson, Russell, and Thomas, JJ., and Cochran, Retired Justice An appeal is affirmed in part and reversed in part where the bar of the statute of limitations for […]

93 S.E.2d 318 CHARLES L. BOOKMAN v. CAVALIER COURT, INCORPORATED. 39749 Record No. 4531.Supreme Court of Virginia. June 18, 1956. Present, All the Justices. Landlord and Tenant — Landlord’s Covenant to Restrict Use of Other Property — Covenant Not Breached. Cavalier leased premises to Bookman for use as a grocery store only and expressly covenanted […]

168 S.E.2d 121 SARA BLUM v. TENTH DISTRICT COMMITTEE OF THE VIRGINIA STATE BAR 42214 Record No. 6915.Supreme Court of Virginia. June 16, 1969 Present, All the Justices. (1) Attorneys — Disbarment. (2) Disbarment — Trial Court Discretion. 1. Evidence showed that after repeated demands and without sufficient cause, attorney failed to pay over and […]

177 S.E.2d 781 HOWARD THOMAS MCLOUGHLIN v. MARGERY CAUDLE MCLOUGHLIN. 42403 Record No. 7222.Supreme Court of Virginia. November 30, 1970 Present, All the Justices. Divorce — Property Settlement Incorporated Into Decree — Subsequent Remarriage of Wife. While divorce suit was pending husband agreed to pay $100 per month for support of wife and this agreement […]

363 S.E.2d 713 FRANCES M. REYNOLDS v. LILLIAN MARTIN RIGGS, ET AL. 45526 Record No. 850042Supreme Court of Virginia. January 15, 1988 Present: All the Justices Judgment of the trial court is reversed and the case remanded for new trial because the trial court erred in admitting into evidence the results of a certain experiment. […]

44 S.E.2d 9 COUNTY OF FAIRFAX, ET AL. v. L. W. PARKER. 38617 Record No. 3257.Supreme Court of Virginia. September 3, 1947 Present, Hudgins, Gregory, Eggleston, Spratley and Buchanan, JJ. 1. ZONING — Question of Zoning Entire County Legislative Matter — Case at Bar. — In the instant case, a suit to enjoin appellee from […]

373 S.E.2d 718 SHENANDOAH LIFE INSURANCE COMPANY v. RITA FRENCH 45795 Record No. 851000Supreme Court of Virginia. November 18, 1988 Present: Carrico, C.J., Poff, Compton, Stephenson, Russell, and Thomas, JJ., and Gordon, Retired Justice Final judgment is entered on appeal in favor of defendant insurance company in a case contesting its denial of an insurance […]