178 S.E. 769 CITY OF LYNCHBURG, ETC. v. COMMONWEALTH, EX REL., C. O. RY. COMPANY AND APPALACHIAN ELECTRIC POWER COMPANY 36861Supreme Court of Virginia. March 14, 1935 Present, All the Justices. CORPORATION COMMISSION — Order Authorizing Abandonment of Public Use of Dam and Canal — Lack of Jurisdiction in Commission to Adjudicate Private Rights — […]
Category: Virginia Supreme Court Opinions
TEH LEN CHU v. FAIRFAX MED. ASSOC., 223 Va. 383 (1982)
290 S.E.2d 820 TEN LEN CHU, ADMINISTRATOR, ETC. v. FAIRFAX EMERGENCY MEDICAL ASSOCIATES, LTD. 44298 Record No. 791612.Supreme Court of Virginia. April 30, 1982. Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ. In medical malpractice action, instruction allowing the Jury to determine a physician’s duty as either/or proposition is error. (1) Negligence — […]
HAYMORE v. BRIZENDINE, 210 Va. 578 (1970)
172 S.E.2d 774 HAZEL R. HAYMORE, ADMINISTRATOR, ETC. v. JANICE HAYMORE BRIZENDINE, AN INFANT, ET AL. 42316 Record No. 7035.Supreme Court of Virginia. March 9, 1970 Present, All the Justices. (1) Automobiles — Unlicensed Driver — Harmless Error. (2) Pleading and Practice — Amended Pleading — Condition. (3) Pleading and Practice — Instruction Not Requested. […]
LEVEL 3 COMMUNICATIONS v. STATE CORP. COMM’N, 268 Va. 471 (2004)
LEVEL 3 COMMUNICATIONS OF VIRGINIA, INC. v. STATE CORPORATION COMMISSION, ET AL. Record No. 040481.Supreme Court of Virginia. November 5, 2004. Present: All the Justices After its parent corporation became embroiled in controversy concerning the laying of fiber optic telephone cable without permission, a Virginia public service corporation was created, and it applied to the […]
SWANENBURG v. BLAND, 240 Va. 408 (1990)
397 S.E.2d 859 RICHARD SWANENBURG, ET AL. v. WILLIAM R. BLAND, TRUSTEE OF RIVERHOUSE LAND TRUST, ET AL. 46451 Record No. 900163Supreme Court of Virginia. November 9, 1990 Present: Carrico, C.J. Compton, Stephenson, Russell, Whiting, and Lacy, JJ., and Harrison, Retired Justice. The trial court erred in making the factual finding that the mean low-water […]
DONOHOE CONSTRUCTION v. MT. VERNON ASSOC., 235 Va. 531 (1988)
369 S.E.2d 857 DONOHOE CONSTRUCTION CO., INC. v. MOUNT VERNON ASSOCIATES 45654 Record No. 850154Supreme Court of Virginia. June 10, 1988 Present: Carrico, C.J., Poff, Compton, Stephenson, Thomas, and Whiting, JJ., and Cochran, Retired Justice An award of compensatory and punitive damages against a construction company is reversed because filing a mechanic’s lien is a […]
SIMPSON v. COMMONWEALTH, 227 Va. 557 (1984)
318 S.E.2d 386 JAMES LEE SIMPSON v. COMMONWEALTH OF VIRGINIA 44668 Record No. 830596.Supreme Court of Virginia. June 15, 1984. Present: All the Justices. Defendant’s conviction of capital murder during commission of robbery, conspiracy and related offenses sustained; discussion of “excited utterance” and “business records” exceptions to hearsay rule and rules concerning admission of expert […]
VAUGHN v. SHANK, 248 Va. 224 (1994)
445 S.E.2d 127 HELEN VAUGHN v. DOC SHANK, CO-EXECUTOR OF THE ESTATE OF RUTH M. CONNER, ET AL. 49628 Record No. 931034Supreme Court of Virginia. June 10, 1994 Present: All the Justices The trial court correctly upheld the report of the commissioner of accounts, who found that the plaintiff had failed to prove her claim […]
JAMES v. CITY OF NORFOLK, 206 Va. 35 (1965)
141 S.E.2d 748 RONALD A. JAMES v. CITY OF NORFOLK. 41687 Record No. 6002.Supreme Court of Virginia. April 26, 1965 Present, All the Justices. (1) Automobiles — Right of Way — Conviction of Failing to Yield Reversed. (2) Appeal and Error — Contention that Point First Raised on Appeal Rejected. 1. James, driving south on […]
HORTON v. HORTON, 254 Va. 111 (1997)
487 S.E.2d 200 ANNA LEE HORTON v. HOWARD P. HORTON Record No. 961176Supreme Court of Virginia. June 6, 1997 Present: All the Justices A party’s failure to perform a contractual obligation was a material breach of the contract and barred recovery for the other party’s nonperformance, and the trial court’s judgment is affirmed. Contracts — […]
JOHN HANCOCK MUTUAL v. VA. NAT. BANK, 212 Va. 31 (1971)
181 S.E.2d 618 JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY v. VIRGINIA NATIONAL BANK. 42518 Record No. 7477.Supreme Court of Virginia. June 14, 1971 Present, Snead, C.J., I’Anson, Gordon, and Cochran, JJ. (1) Equity — Estoppel — Misrepresentation. (2) Insurance — Assignment — Automatic Premium Loans. 1. Burden of proof rests upon party relying upon estoppel […]
SOUTHERN INSURANCE CO. v. WILLIAMS, 263 Va. 565 (2002)
561 S.E.2d 730 SOUTHERN INSURANCE COMPANY OF VIRGINIA v. JOHN A. WILLIAMS, ET AL. Record No. 011583.Supreme Court of Virginia. April 19, 2002. Plaintiff insured applied as an individual for a businessowners insurance policy relating to a furniture and appliance store at a specified location. The application listed the business as “mercantile” under the space […]
INSURANCE COMPANY v. COMMONWEALTH, 201 Va. 275 (1959)
110 S.E.2d 509 AMERICAN DRUGGISTS’ INSURANCE COMPANY v. COMMONWEALTH OF VIRGINIA. 41029 Record No. 4990.Supreme Court of Virginia. October 12, 1959 Present, All the Justices. Insurance — Fire Insurance Rates — Deviation from Manual Rates Denied. Under Code 1950, section 38.1-258, the Company petitioned for a 25 per cent downward deviation from the manual rates […]
BALLARD v. COX, 191 Va. 654 (1950)
62 S.E.2d 1 MAGDALENE LORETTA BALLARD v. PERCY M. COX ET AL. 39056 Record No. 3699.Supreme Court of Virginia. November 27, 1950 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan and Miller JJ. (1) Wills — Proof of Execution — Sufficiency of Evidence. (2) Wills — Revocation — Lost or Destroyed Will — Presumption of Revocation. […]
WHITE v. WHITE, 181 Va. 162 (1943)
24 S.E.2d 448 SARAH REBECCA ANDREWS WHITE v. JOHN HUMBER WHITE. Supreme Court of Virginia. Richmond Record No. 2622. March 8, 1943. Present, Campbell, C.J. and Holt, Hudgins, Gregory, Eggleston and Spratley, JJ. 1. DIVORCE — Power to Grant Is Statutory. — The power to grant divorces in Virginia is purely statutory. 2. DIVORCE — […]
OXENHAM v. JOHNSON, 241 Va. 281 (1991)
402 S.E.2d 1 THOMAS H. OXENHAM, III v. VIRGINIA JOHNSON 46835 Record No. 900544Supreme Court of Virginia. March 1, 1991 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Hassell, JJ., and Poff, Senior Justice. Because the trial court’s inference of an intent to harass from a failure to investigate was based on a clearly erroneous […]
HOUSING AUTHORITY v. HUNTER, 219 Va. 629 (1978)
249 S.E.2d 185 NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY v. EARLEAN HUNTER 43744 Record No. 770513.Supreme Court of Virginia. November 22, 1978 Present: All the Justices. Illegal sale of alcoholic beverages ground for termination of lease in public housing project. (1) Real Property — Public Housing — Illegal Business as Cause for Termination of Lease. […]
WISEMAN v. DENNIS, 156 Va. 431 (1931)
157 S.E. 716 J. W. WISEMAN v. O. D. DENNIS AND BENJAMIN DENNIS, PARTNERS, TRADING AS DOMINION OIL COMPANY 36201Supreme Court of Virginia. March 19, 1931 Present, Prentis, C.J., and Holt, Epes, Hudgins and Browning, JJ. 1. SALES — Contract by Filling Station Owner to Purchase Gasoline Exclusively from Wholesaler for Five Years — Effect […]
STANDARD PRODUCTS v. WOOLDRIDGE, 214 Va. 476 (1974)
201 S.E.2d 801 STANDARD PRODUCTS COMPANY, INC. v. WOOLDRIDGE COMPANY, LTD., AND JAMES V. FINNEGAN. 42997 Record No. 8245.Supreme Court of Virginia. January 14, 1974 Present, All the Justices. Pleading and Practice — Misjoinder — Election of Remedies. Standard filed action against Wooldridge and Finnegan sounding in tort, which it by adding count for breach […]
EAST TEXAS SALVAGE v. DUNCAN, 226 Va. 160 (1983)
306 S.E.2d 896 EAST TEXAS SALVAGE MACHINE v. CLEVELAND DUNCAN, t/a INTERSTATE BODY SHOP 44534 Record No. 810152.Supreme Court of Virginia. September 9, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Thomas, JJ., and Harrison, Retired Justice. Where the parties agree by contract that attorney’s fees will be recoverable, the Court properly allowed Plaintiff […]