Category: Virginia Supreme Court Opinions

414 S.E.2d 599 CLINCH VALLEY PHYSICIANS, INC. v. LUIS A. GARCIA, M.D. 47631 Record No. 910811Supreme Court of Virginia. February 28, 1992 Present: Carrico, C.J., Stephenson, Whiting, Lacy, Hassell, and Keenan, JJ., and Poff, Senior Justice The trial court correctly determined that a noncompetition provision in a year-to-year employment contract did not apply upon its […]

467 S.E.2d 471 CITY OF VIRGINIA BEACH v. EDWARD L. FLIPPEN Record No. 950916Supreme Court of Virginia. March 1, 1996 Present: All the Justices The city is a person in control of the land or premises as contemplated by Code § 29.1-509 and is entitled m the immunity extended by the statute for activities it […]

299 S.E.2d 509 WILMA POWELL, ET AL. v. SHIRLEY T. HOLLAND, ET AL. 44419 Record No. 801168.Supreme Court of Virginia. January 21, 1983 Present: All the Justices. Holographic will construed to devise 1/9 undivided interest in land, not specifically described in will, to husband of testatrix; rule in May v. Joynes applied to confer fee […]

73 S.E.2d 366 LIBERTY MUTUAL INSURANCE COMPANY v. THELMA MARIE VENABLE. 39309 Record No. 4004.Supreme Court of Virginia. December 1, 1952 Present, All the Justices. (1) Insurance — Indemnity Insurance — Extension of Coverage under Code Section 38-238. (2) Insurance — Indemnity Insurance — Liability under Code Section 38-238. (3) Insurance — Indemnity Insurance — […]

570 S.E.2d 805 COMMONWEALTH OF VIRGINIA v. JOHN HOWARD HILL, JR. Record No. 012526.Supreme Court of Virginia. November 1, 2002. Present: All the Justices. Defendant was indicted for assault and battery of a law enforcement officer in violation of Code § 18.2-57 (C), arising from an investigatory stop in which a struggle developed while the […]

47 S.E.2d 353 JOSEPH KISS, JR. v. J. T. GALE, ET AL. 38708 Record No. 3309.Supreme Court of Virginia. April 26, 1948 Present, All the Justices. 1. MONOPOLIES AND RESTRAINT OF TRADE — Agreement on Sale Not to Engage in Certain Business — Sufficiency of Evidence to Show Silent Partner Did Engage in Business — […]

217 S.E.2d 863 GEORGE J. TURNER v. MANNING, MAXWELL MOORE, INC., ET. AL. 43251 Record No. 740608.Supreme Court of Virginia. September 5, 1975 Present, All the Justices. (1) Pleading and Practice — Breach of Warranty — Plaintiff Bound by His Own Testimony. (2) Breach of Warranty — Safety Device — Industry Custom. (3) Implied Warranty […]

512 S.E.2d 560 PENINSULA CRUISE, INC. v. NEW RIVER YACHT SALES, INC. Record No. 980728Supreme Court of Virginia. February 26, 1999 Present: All the Justices. Because the circuit court erred in refusing to exercise personal jurisdiction pursuant to Code § 8.01-328.1, the Virginia long-arm statute, over a Florida corporation that delivered a boat into Virginia […]

163 S.E.2d 170 WILLIAM L. STURMAN AND MAX STURMAN v. WALTER F. JOHNSON. 42118 Record No. 6773.Supreme Court of Virginia. September 6, 1968 Present, Eggleston, C.J., Buchanan, Snead, I’Anson, Carrico, and Gordon, JJ. (1) Automobiles — Passenger or Guest. (2) Automobiles — Gross Negligence. (3) Dead Man’s Statute. 1. Student plaintiff testified that he had […]

156 S.E.2d 787 JOYCE HALL EASTERLING v. DR. W. W. WALTON. 41992 Record No. 6460.Supreme Court of Virginia. September 8, 1967 Present, All the Justices. (1) Res Ipsa Loquitur — Burden of Proof. (2) Malpractice — No Presumption of Negligence from Bad Result — Care Required. (3) Malpractice — Res Ipsa Loquitur — Foreign Object […]

194 S.E.2d 758 WILLIAM WILSON HOWELL v. COMMONWEALTH OF VIRGINIA. 42843 Record No. 8064.Supreme Court of Virginia. March 5, 1973 Present, All the Justices. Automobiles — Speed — Radar Check — Speedometer Accuracy. Officers’ certification that speedometer of vehicle used to test accuracy of radar device had been calibrated and found accurate was adequate. Certificate […]

147 S.E.2d 171 WALTON L. MEADE, ADMINISTRATOR OF THE ESTATE OF WILLIAM MOSES MCCOY, DECEASED v. JAMES L. MEADE, ADMINISTRATOR OF THE ESTATE OF BOBBY L. MEADE, DECEASED. 41793 Record No. 6111.Supreme Court of Virginia. March 7, 1966 Present, Eggleston, C. J., and Buchanan, Snead, I’Anson, Carrico and Gordon, JJ. (1) Automobiles — Car Driven […]

593 S.E.2d 270 LARRY BILL ELLIOTT v. COMMONWEALTH OF VIRGINIA. Record Nos. 031610, 031611.Supreme Court of Virginia. March 5, 2004. Present: All the Justices. Defendant was convicted and sentenced to death for capital murder for the killing of one victim under Code § 18.2-31 (7). and sentenced to life imprisonment for the killing of another […]

123 S.E.2d 377 W. F. MAGANN CORPORATION, ET AL. v. VIRGINIA-CAROLINA ELECTRICAL WORKS, INCORPORATED. 41306 Record No. 5355.Supreme Court of Virginia. January 15, 1962 Present, All the Justices. Contracts — Agreement of Indemnity Construed — Rule of Ejusdem Generis Inapplicable. Magann Corporation as general contractor on a building subcontracted the electrical work to Virginia-Carolina. This […]

116 S.E.2d 85 CLYDE RAYMOND NEAR v. COMMONWEALTH OF VIRGINIA. 41127 Record No. 5135.Supreme Court of Virginia. September 2, 1960 Present, All the Justices. (1) and (2) Criminal Procedure — Absence of Women on Jury Panel — Not Ground for New Trial. (3) Pleading and Practice — Exclusion of Witnesses — Discretion of Trial Court […]

304 S.E.2d 291 MARGARET CHERRICKS BROWN v. MARGARET GAULT HARDIN 44513 Record No. 810174.Supreme Court of Virginia. June 17, 1983 Present: Cochran, Poff, Compton, Stephenson, Russell, and Thomas, JJ., and Harrison, Retired Justice. Presumption of revocation of executed copy of will traced to testator’s possession rebutted by clear and convincing evidence; Jury verdict establishing will […]

672 S.E.2d 888 FREDERICK C. MWANGI v. COMMONWEALTH OF VIRGINIA. Record No. 081065.Supreme Court of Virginia. February 27, 2009. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Goodwyn, JJ., and Stephenson, S.J. At the defendant’s bench trial on charges of driving under the influence in violation of Code § 18.2-266, third offense, the trial court […]

50 S.E.2d 395 JOHN S. HESS v. JEWELL RIDGE COAL CORPORATION. 38780 Record No. 3439.Supreme Court of Virginia. November 22, 1948 Present, All the Justices. 1. WORKMEN’S COMPENSATION — Injuries Compensable — When Employee Considered to Have Occupational Disease. — Section 1887(2i) of the 1946 Supplement to the Code of 1942 (Michie), amending the Workmen’s […]

61 S.E.2d 267 MYRTLE STOOTS ORANGE v. COMMONWEALTH OF VIRGINIA. 39038 Record No. 3714.Supreme Court of Virginia. October 9, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Homicide — Evidence — Corpus Delicti — Evidence Sufficient to Prove. (2) Evidence — Weight and Sufficiency — Circumstantial Evidence — Must Produce […]