Category: Virginia Supreme Court Opinions

554 S.E.2d 63 THANH VAN TRAN v. JANE W. GWINN, FAIRFAX COUNTY ZONING ADMINISTRATOR. Record No. 002810.Supreme Court of Virginia. November 2, 2001. Present: All the Justices. Plaintiff, a Buddhist monk and president of a Buddhist association, owns a parcel of land located in a residential conservation district containing a single-family dwelling and a detached […]

92 S.E.2d 384 BENRUS WATCH COMPANY, INCORPORATED v. JACK KIRSCH, TRADING AS SMITH-WILLIAMS JEWELERS. 39739 Record No. 4507.Supreme Court of Virginia. April 23, 1956 Present, All the Justices. Monopolies — Fair Trade Act Invalidated by Anti-monopoly Law. Plaintiff watch manufacturer sued to enjoin defendant from selling its watches at prices below the minimum fixed by […]

288 S.E.2d 441 ROBERT CLARK v. UNITED AIRLINES 44273 Record No. 810356.Supreme Court of Virginia. March 12, 1982 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ., and Harrison, Retired Justice. Voluntary payment of medical bills and salary does not toll statute of limitations in Code Sec. 65.1-87 or estop employer or compensation carrier […]

124 S.E.2d 221 WILLIAM R. SIMS v. W. K. CUNNINGHAM, JR., SUPERINTENDENT, ETC. 41320 Record No. 5385.Supreme Court of Virginia. March 5, 1962 Present, All the Justices. (1) and (2) Criminal Procedure — Recidivist Convictions — Convict Not Denied Equal Protection By Administration of Code Sec. 1950, Section 53-296. 1. Pursuant to the provisions of […]

231 S.E.2d 231 COUNTY BOARD OF ARLINGTON COUNTY, ET AL, v. RUDOLPH A. RICHARDS, ET AL. 43473 Record No. 760056.Supreme Court of Virginia. January 14, 1977 Present, Carrico, Harrison, Cochran, Harman, Poff and Compton, JJ. (1) Constitutional Law — Classification — Permit Parking. (2) Cities, Counties and Towns — Zoning — Permit Parking. (3) Real […]

55 S.E.2d 36 EFFIE NELMS BUTLER v. NOLDE BROTHERS, INCORPORATED, ET AL. 38894 Record No. 3539.Supreme Court of Virginia. September 7, 1949 Present, Gregory, Eggleston, Spratley, Buchanan, Staples and Miller, JJ. (1) Workmen’s Compensation — Time, Place and Circumstances of Injury — Evidence Held Sufficient to Support Finding That Employee’s Purpose in Making Trip Was […]

193 S.E.2d 776 CEDRIC SKOVAL WILLARD v. THE AETNA CASUALTY AND SURETY COMPANY. 42825 Record No. 7917.Supreme Court of Virginia. January 15, 1973 Present, All the Justices. (1) Automobiles — Conflict of Laws — Uninsured Motorist — Direct Action. (2) Automobiles — Injection of Insurance — Public Policy. 1. Direct action provision of uninsured motorist […]

25 S.E.2d 361 VIRGINIA ELECTRIC AND POWER COMPANY v. WILLIAM W. BOWERS, ADMINISTRATOR OF BENJAMIN F. GOODSON, DECEASED. Supreme Court of Virginia. Richmond Record No. 2659. April 26, 1943. Present, Campbell, C.J., and Holt, Hudgins, Browning, Eggleston and Spratley, JJ. 1. PLEADING — Striking Plea for Failure to Testify — Code Section 6213 Strictly Construed. […]

178 S.E.2d 516 NORFOLK AND WESTERN RAILWAY COMPANY v. GEORGE M. KEATLEY. 42432 Record No. 7267.Supreme Court of Virginia. January 18, 1971 Present, Snead, C.J., I’Anson, Gordon, Harrison, Cochran and Harman, JJ. (1) Railroad — Employee Liability — Safety Appliance Act. (2) Pleading and Practice — Opinion Evidence — Timely Objection. (3) Pleading and Practice […]

295 S.E.2d 796 CRISTOFER E. LORD v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 44377 Record No. 800158.Supreme Court of Virginia. October 15, 1982 Present: All the Justices. Substantial compliance with notice provisions in an automobile insurance policy is required as a condition precedent to recovery of medical payments; notice not timely under circumstances. (1) Insurance […]

639 S.E.2d 227 SHAKA AMIR FARRAKHAN v. COMMONWEALTH OF VIRGINIA. Record No. 060252.Supreme Court of Virginia. January 12, 2007. Present: Hassell, C.J., Lacy, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. Defendant was attempting to steal a pair of boots from a women’s furnishings store when the manager blocked the exit door. Defendant pulled […]

59 S.E.2d 872 THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, A CORPORATION v. RICHARD HARLOW. 39006 Record No. 3651.Supreme Court of Virginia. June 19, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Automobiles — Liability Insurance — Evidence Insufficient to Show Insured Authorized Personal Use of Tractor by Employee. […]

666 S.E.2d 325 AHMER SHAIKH v. GENE M. JOHNSON, DIRECTOR, DEPARTMENT OF CORRECTIONS. Record No. 072097.Supreme Court of Virginia. September 12, 2008. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, [1] JJ., and Russell, S.J. [1] Justice Agee participated in the hearing and decision of this case prior to his retirement from the Court […]

86 S.E.2d 181 W. C. OWENS v. A. J. OWENS. 39593 Record No. 4292.Supreme Court of Virginia. March 7, 1955. Present, All the Justices. (1) Pleading and Practice — Variance of Proof — Objection Waived. (2) Rescission — Inadequacy of Price — Trust Relationship. (3) Rescission — Conveyance from Cestui to Trustee — Prima Facie […]

89 S.E.2d 346 FRED VON ROY, JR. v. FURMAN WHITESCARVER, JOHN P. CROWE AND FLORA CROWE. 39780 Record No. 4421.Supreme Court of Virginia. October 10, 1955 Present, All the Justices. (1) Evidence — Party Bound By Own Testimony. (2) Automobiles — Duty of Driver Making Turn — Code Sec. 1950, Section 46-233 Construed. (3) Automobiles […]

708 S.E.2d 877 GOVERNMENT EMPLOYEES INSURANCE COMPANY, ET AL. v. UNITED SERVICES AUTOMOBILE ASSOCIATION, ET AL. Record No. 100332.Supreme Court of Virginia. April 21, 2011. Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Lacy and Koontz, S.JJ. An automobile owned by one insurance policy holder, and driven by the teenage son of another […]

533 S.E.2d 736 EMERY C. PETERSON v. LORENZO CASTANO, ET AL. Record No. 992478.Supreme Court of Virginia. September 15, 2000. Present: All the Justices. Plaintiff was injured in a motor vehicle accident and filed two motions for judgment against drivers of the other vehicles and the employer of one driver. Plaintiff sought damages of $50,000 […]

52 S.E.2d 61 TIDEWATER STEVEDORING CORPORATION v. HERBERT WARD McCORMICK. 38823 Record No. 3432.Supreme Court of Virginia. March 7, 1949 Present, Gregory, Eggleston, Spratley, Buchanan, Staples and Miller, JJ. 1. MASTER AND SERVANT — Existence of Relationship — Evidence of Lack of Control Sufficient to Warrant Finding That Relationship Does Not Exist — Case at […]