Category: Virginia Supreme Court Opinions

32 S.E.2d 79 JACQUELINE BRENDA BROWN, AN INFANT UNDER THE AGE OF TWENTY-ONE YEARS WHO SUES BY MINNIE A. LAYNE, NEXT FRIEND v. JACOB BROWN. 38264 Record No. 2836.Supreme Court of Virginia. November 20, 1944. Present, All the Justices. 1. BASTARDY — Support — Duty of Father. — Under the laws of Virginia there is […]

609 S.E.2d 608 William Joseph Burns, Petitioner, v. Warden of the Sussex I State Prison, Respondent. Record No. 020971.Supreme Court of Virginia. March 11, 2005. Upon a Petition for Writ of Habeas Corpus Upon a Rehearing On October 28, 2003, we entered an order dismissing Burns’ petition for a writ of habeas corpus except for […]

427 S.E.2d 189 TRISHA QUEEN CARSON, By Her Mother and Next Friend, Patricia C. Meredith, v. LINDA F. LeBLANC 48420 Record No. 920696Supreme Court of Virginia. February 26, 1993 Present: All the Justices In this negligence action arising from injures received by a minor pedestrian who ran into the side of a moving automobile, the […]

495 S.E.2d 255 BRIAN E. WOOD, BY AND THROUGH HIS NEXT FRIENDS, LARRY E. WOOD AND LAVONNE W. WOOD v. HENRY COUNTY PUBLIC SCHOOLS Record No. 970727Supreme Court of Virginia. January 9, 1998 Present: Carrico, C.J., Compton, Hassell, Keenan, Koontz, and Kinser, JJ,, and Poff, Senior Justice A public school division which expelled a student […]

304 S.E.2d 644 JOHN JOSEPH LEVASSEUR v. COMMONWEALTH OF VIRGINIA 44509 Record No. 822050.Supreme Court of Virginia. June 17, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Russell, JJ., and Harrison, Retired Justice. Death sentence sustained for the wilful, deliberate, and premeditated killing of a person in the commission of robbery while armed with […]

448 S.E.2d 611 JAMES M. MOORE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 49656 Record No. 931558Supreme Court of Virginia. September 16, 1994 Present: All the Justices The trial court erred in ruling that an automobile insurance policy excluded the cost of treatment of bodily injuries sustained by an insured when he was struck by […]

657 S.E.2d 132 ROBERT KITCHEN, ET AL. v. CITY OF NEWPORT NEWS. Record No. 070322.Supreme Court of Virginia. February 29, 2008. Present: All the Justices. Approximately 700 plaintiffs filed suit alleging that their properties in three residential subdivisions in a city had been damaged by serious flooding as a direct result of governmental action. Inadequate […]

636 S.E.2d 360 DOUGLAS B. BAKER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF VIRGINIA GRAEME BAKER v. POOLSERVICE COMPANY, ET AL. Record No. 052371.Supreme Court of Virginia. November 3, 2006. Present: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., and Carrico, S.J. A seven-year-old child drowned after becoming pinned to an underwater drain cover […]

128 S.E.2d 261 GREY C. HUGHES v. RANDALL J. FOLEY. 41405 Record No. 5498.Supreme Court of Virginia. December 3, 1962 Present, All the Justices. Statute of Limitations — Action for Money Paid Under Mistake Held Barred — Failure to Make Timely Discovery Due to Carelessness. Plaintiff sued for $450 due from defendant “by contract.” He […]

22 S.E.2d 13 JACK HARRIS AND ANOTHER v. FLORENCE M. HARRINGTON. Supreme Court of Virginia. Richmond Record No. 2605. October 12, 1942. Present, Campbell, C.J., and Holt, Hudgins, Browning, Eggleston and Spratley, JJ. 1. APPEAL AND ERROR — Appeal Bond — Defective Bond — Unreasonable Delay in Raising Objection. — Unreasonable delay in raising objection […]

258 S.E.2d 513 PHYLLIS FEATHERSTONE v. HENRY S. BROOKS 43873 Record No. 780118.Supreme Court of Virginia. October 5, 1979 Present: All the Justices. Trial court properly exercised continuing jurisdiction to modify divorce decree to require mother to contribute to maintenance and support of minor children in custody of father. (1) Domestic Relations — Divorce — […]

216 S.E.2d 18 HENRY B. BAYLOR v. BEVERLY BOOK COMPANY, INCORPORATED, ET AL. 43218 Record No. 740862.Supreme Court of Virginia. June 13, 1975 Present, All the Justices. Corporations — Oppression — Waste — First Refusal Provision in By-Law. Remedial statute should be liberally construed. Remedy given for protection of rights of stockholder is in addition […]

288 S.E.2d 443 VIRGINIA FARM BUREAU MUTUAL INSURANCE COMPANY v. NATIONWIDE MUTUAL INSURANCE COMPANY, ET AL. 44274 Record No. 810632.Supreme Court of Virginia. March 12, 1982 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson. JJ., and Harrison, Retired Justice. When insured intends to keep vehicle insured under liability policy, another vehicle subsequently acquired is […]

299 S.E.2d 343 MARVAL POULTRY COMPANY, INC., ET AL. v. GUY JOHNSON 44417 Record No. 811997.Supreme Court of Virginia. January 21, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ., and Harrison, Retired Justice. Employee assigned to restricted work status after suffering a work-related injury, not entitled to benefits under the Workmen’s Compensation […]

192 S.E.2d 737 OLD DOMINION BRANCH NO. 496, NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO AND THE NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO v. HENRY M. AUSTIN, L. D. BROWN AND ROY P. ZIEGENGEIST. 42804 Record Nos. 7917, 7918 and 7919.Supreme Court of Virginia. November 27, 1972 Present, I’Anson, Carrico, Harrison, Cochran, Harman and Poff, JJ. […]

67 S.E.2d 894 INTER-OCEAN INSURANCE COMPANY v. HAL H. HARKRADER. 39176 Record No. 3833.Supreme Court of Virginia. Decided: December 3, 1951. Present, Eggleston, Spratley, Buchanan, Miller, Smith and Whittle, JJ. (1) Insurance — Application for Policy — Necessity of True and Full Representations. (2) Insurance — Application for Policy — False and Untrue Representations Materiality […]

131 S.E.2d 407 CECIL LYONS v. COMMONWEALTH OF VIRGINIA. 204053 Record No. 5604.Supreme Court of Virginia. June 10, 1963 Present, Eggleston, C. J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Juveniles — Trial for Felony by Circuit Court — Proper upon Certification by Juvenile Court. (2) Alcoholic Beverages — Conviction of Illegal Manufacture […]

232 S.E.2d 749 RELIANCE INSURANCE COMPANIES v. ANNIE A. DARDEN AND PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY. 43484 Record No. 760391.Supreme Court of Virginia. March 4, 1977 Present, All the Justices. Automobiles — Liability Policy Limits — Required Coverage. Automobile liability insurance policy provided for increase in liability limit if Virginia law required insured to […]