Category: Virginia Supreme Court Opinions

93 S.E.2d 124 LAKE BARCROFT ESTATES, INCORPORATED, ET AL. v. WILLIAM J. McCAW, JR. 39758 Record No. 4521.Supreme Court of Virginia. June 18, 1956 Present, Hudgins, C. J., and Eggleston, Buchanan, Miller, Smith and Whittle, JJ. (1) Negligence — Flooding of Property by Opening Gates of Dam — Verdict for Plaintiff Proper. (2) Witnesses — […]

121 S.E.2d 452 JOHN F. SNYDER, JR. v. COMMONWEALTH OF VIRGINIA. 41263 Record No. 5243.Supreme Court of Virginia. September 8, 1961 Present, All the Justices. (1) Criminal Procedure — Preliminary Hearing — Irregularity Waived When Objection Not Timely Made. (2) Principal and Accessory — Principal’s Effort to Dispose of Stolen Goods — May be Shown […]

318 S.E.2d 393 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. SHIRLEY C. POWELL, ADMINISTRATRIX, ETC., ET AL. 44661 Record No. 812176.Supreme Court of Virginia. June 15, 1984. Present: All the Justices. “Ownership, maintenance, or use” provisions in automobile liability policy construed to exclude coverage where accident resulted from discharge by unknown causes of loaded firearm […]

252 S.E.2d 307 LUCILLE BYRD v. THE LIFE INSURANCE COMPANY OF VIRGINIA 43769 Record No. 770926.Supreme Court of Virginia. March 2, 1979 Present: I’Anson, C.J., Harrison, Cochran, Harman, Poff and Compton, JJ. Insured, voluntarily and intentionally confronting his killer under such circumstances that he should have reasonably anticipated or foreseen death or some great bodily […]

449 S.E.2d 794 TOWN OF FRONT ROYAL v. FRONT ROYAL AND WARREN COUNTY INDUSTRIAL PARK CORPORATION 49673 Record No. 931669Supreme Court of Virginia. November 4, 1994 Present: Carrico, C.J., Compton, Stephenson, Whiting, Hassell, and Keenan, JJ., and Poff, Senior Justice The trial court properly issued a writ of mandamus to compel a municipality to provide […]

7 S.E.2d 155 ROBERT S. HOLLOWAY, EXECUTOR, ETC. v. ELLA R. HOLLOWAY 37632 Record No. 2169Supreme Court of Virginia. February 26, 1940 Present, All the Justices BENEFICIAL AND BENEVOLENT ASSOCIATIONS — Disposition of Death Benefits — Disposition by Will Where Widow Survives — Case at Bar. — In the instant case, a suit to determine […]

4 S.E.2d 381 C. P. DANIEL AND H. H. HARKRADER v. ALICE HARRIS KOSH 37554 Record No. 2127Supreme Court of Virginia. September 13, 1939 Present, All the Justices 1. NUISANCES — What Constitutes — Gasoline Filling Station Not Nuisance Per Se. — A gasoline filling or storage station is not a nuisance per se. 2. […]

56 S.E.2d 71 ELLIS STAMPS v. ANNIE BELLE STAMPS WILLIAMSON. 38915 Record No. 3525.Supreme Court of Virginia. November 21, 1949 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Staples and Miller, JJ. (1) Bill of Review — What Errors Considered — Court Cannot Look into Evidence for Error of Law. (2) Partition — Method of […]

393 S.E.2d 205 JOHN A. NOTESTEIN, ET AL. v. THE BOARD OF SUPERVISORS OF APPOMATTOX COUNTY, ET AL. 46417 Record No. 891258Supreme Court of Virginia. June 8, 1990 Present: All the Justices In a zoning case involving a private landfill, the trial court properly sustained the county’s demurrer to the allegation that it had waived […]

114 S.E.2d 758 R.I. BROOKS, ET. AL. v. ROANOKE COUNTY SANITATION AUTHORITY. 41121 Record No. 5090.Supreme Court of Virginia. June 13, 1960 Present, All the Justices. (1) Appeal and Error — Time for Appeal — Decree Held Not Final. (2) Sanitation Authorities — Authority Held to Have Jurisdiction over Project. (3) and (4) Sanitation Authority […]

125 S.E.2d 175 LINCOUS SMITH v. JEWELL RIDGE COAL CORPORATION. 41344 Record No. 5437.Supreme Court of Virginia. April 23, 1962 Present, All the Justices. Appeal and Error — Appeal Dismissed for Failure to Give Bond Before Proper Court. Smith was granted an appeal from an adverse decision of the Industrial Commission by order requiring him […]

184 S.E.2d 763 WILLIE F. SPENCE v. HERMAN J. SPENCE, ET AL. 42598 Record No. 7502.Supreme Court of Virginia. November 29, 1971 Present, Snead, C.J., I’Anson, Carrico, Gordon, Cochran and Harman, JJ. (1) Appellate Review — Presumption of Correctness. (2) Real Property — Boundary Dispute. 1. When a case in law is decided without intervention […]

128 S.E.2d 421 JAMES B. CAFFEE, ET AL., T/A, ETC. v. CITY OF PORTSMOUTH. 41410 Record No. 5508.Supreme Court of Virginia. December 3, 1962 Present, Eggleston, C. J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Taxation — Classification of Business by State Tax Authorities-Not Binding on City. (2) Taxation — Retail Merchant’s License […]

659 S.E.2d 290 JAYA LEE BOSTIC, BY HER MOTHER AND NEXT FRIEND, MELANIE M. BROCK v. ABOUT WOMEN OB/GYN, P.C, ET AL. Record No. 070410.Supreme Court of Virginia. April 18, 2008. Present: Hassell, C.J., Keenan, Kinser, Lemons, Agee, and Goodwyn, JJ., and Russell, S.J. In a medical malpractice trial relating to birth of a child […]

96 S.E.2d 805 B. PERLIN v. NORMAN CHAPPELL. 39843 Record No. 4624.Supreme Court of Virginia. March 11, 1957 Present, All the Justices. (1) Livestock — Owner Must Use Reasonable Care to Prevent Injury By. (2) Livestock — Fences — Reasonable Height to Be Determined by Circumstances. (3) Livestock — Owner Held Liable for Injury Caused […]

192 S.E.2d 804 MILDRED FERRIS v. CAREY W. SNELLINGS AND MARION E. SNELLINGS. 42817 Record No. 7887.Supreme Court of Virginia. November 27, 1972 Present, All the Justices. Real Property — Boundary Dispute — Presumption of Grant. In boundary proceeding plaintiff bears burden of proof by preponderance of evidence. When plaintiffs fail to prove paper title […]

23 S.E.2d 784 JESSE L. MAUGHS v. CITY OF CHARLOTTESVILLE. Supreme Court of Virginia. Richmond Record No. 2645. January 18, 1943. CASE No. 1. LARCENY. Present, Campbell, C.J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. VERDICT — Effect — On Conflicts in Evidence. — Where the jury renders a verdict against the accused, […]