58 S.E.2d 63 RALPH E. TURPIN v. G. H. BRANAMAN, E. W. BARGER AND C. M. LAMBERT, ETC. 38975 Record No. 3613.Supreme Court of Virginia. March 13, 1950 Present, Gregory, Eggleston, Spratley, Buchanan, Staples and Miller, JJ. (1) Appeal and Error — Review in Appellate Court — Verdict Where Evidence Conflicting — Finding That Contract […]
Category: Virginia Supreme Court Opinions
JONES v. HARRISON, 250 Va. 64 (1995)
458 S.E.2d 766 LUCY WILLS HARRISON JONES, ET AL. v. MARY DONNAN TODMAN HARRISON, ETC. 50408 Record No. 941229Supreme Court of Virginia. Decided: June 9, 1995 Present: All the Justices The trial court erred in failing to impose a constructive trust upon a certain portion of the life insurance proceeds in the defendant widow’s hands […]
CAMPBELL v. HIGHWAY COMMISSIONER, 209 Va. 509 (1969)
165 S.E.2d 281 THOMAS CAMPBELL AND JULIA CAMPBELL v. STATE HIGHWAY COMMISSIONER OF VIRGINIA. 42160 Record No. 6827.Supreme Court of Virginia. January 20, 1969 Present, All the Justices. Condemnation — Adequate Compensation — Water Supply Replaced. Highway Commissioner took water system and easements owned by Campbell, located on land owned by Danielson, and provided access […]
LIFE AND CASUALTY CO. v. U.C.C., 178 Va. 46 (1941)
16 S.E.2d 357 LIFE AND CASUALTY INSURANCE COMPANY OF TENNESSEE v. UNEMPLOYMENT COMPENSATION COMMISSION OF VIRGINIA, ETC. 37835 Record No. 2435.Supreme Court of Virginia. September 10, 1941. Present, All the Justices. 1. MASTER AND SERVANT — Unemployment Compensation — Statutory Definition of “Employment” Not Merely Adoption of Common-Law Definition of Servant — Case at Bar. […]
KNODEL v. DICKERMAN, 246 Va. 124 (1993)
431 S.E.2d 323 KARL PHILIP KNODEL v. JOHN L. DICKERMAN, ADMINISTRATOR OF THE ESTATE OF CHARLOTTE ELIZABETH DICKERMAN 48818 Record No. 921483Supreme Court of Virginia. June 11, 1993 Present: All the Justices In a judgment approving a jury’s verdict in a wrongful death action, the trial court correctly held that a child, adopted after the […]
SOUTHERN RY. CO. v. BARKER, 173 Va. 313 (1939)
4 S.E.2d 395 SOUTHERN RAILWAY COMPANY v. MILTON R. BARKER AND MUTUAL INSURANCE COMPANY, ETC. 37549 Record No. 2115Supreme Court of Virginia. September 13, 1939 Present, All the Justices 1. FIRES — Railroads — Unnecessary to Prove Negligence. — Negligence is not an essential part of plaintiffs’ proof in actions against a railroad company for […]
BAILEY, ADM’R v. HUNTER, INC., 207 Va. 123 (1966)
148 S.E.2d 826 MARY BAILEY, ADMINISTRATRIX, ETC. v. C. V. HUNTER, INC., ET AL. 01018 Record No. 6221.Supreme Court of Virginia. June 13, 1966 Present, Eggleston, C.J., and Spratley, Snead, I’Anson, Carrico and Gordon, JJ. Evidence — Cause of Death — Death Certificate Not Admissible to Prove. Defendant corporation’s tractor-trailer struck a vehicle driven by […]
E.S. CHAPPELL SON, INC. v. BROOKS, 248 Va. 571 (1994)
450 S.E.2d 156 E.S. CHAPPELL SON, INC. v. P.D. BROOKS, JR., TRUSTEE, ETC., ET AL. 49671 Record No. 931854Supreme Court of Virginia. November 4, 1994 Present: All the Justices The trial court erred in holding thai the Commonwealth was the owner of a 50-foot, east-west strip of land because it had not effectively accepted the […]
EATON v. DAVIS, 176 Va. 330 (1940)
10 S.E.2d 893 J. S. EATON v. HENRIETTA V. DAVIS. Supreme Court of Virginia. Richmond Record No. 2262. October 14, 1940. Present, All the Justices. 1. DEMURRERS — Effect — Facts Alleged Considered as True. — Facts alleged in a bill must be considered as true upon a demurrer. 2. ALIMONY — Modification of Decree […]
MOYER v. ELLIS, 167 Va. 213 (1936)
188 S.E. 151 THOMAS A. MOYER v. T. M. ELLIS Supreme Court of Virginia. Richmond November 12, 1936 Present, All the Justices 1. SPECIFIC PERFORMANCE — Bill — Sufficiency of Allegations — Tender Not in Accordance with Terms of Contract — Case at Bar. — In the instant case, a suit for specific performance, complainant […]
COMMONWEALTH v. KINZIE, 165 Va. 505 (1936)
183 S.E. 190 COMMONWEALTH OF VIRGINIA EX REL. STATE HIGHWAY COMMISSION OF VIRGINIA v. T. D. KINZIE AND WIFE 36980Supreme Court of Virginia. January 16, 1936 Present, All the Justices. 1. STREETS AND HIGHWAYS — Location of Highway — Designation Enabling Location with Reasonable Certainty Is Sufficient. — In locating a highway, the highest degree […]
GILES COUNTY v. CARR MUNSEY, 222 Va. 379 (1981)
282 S.E.2d 14 GILES COUNTY BOARD OF SUPERVISORS v. ARNOLD G. CARR AND ROSCOE C. MUNSEY 44179 Record No. 801425.Supreme Court of Virginia. September 11, 1981 Present: Carrico, C.J., Cochran, Compton, Stephenson, JJ., and Harman, S.J. Writ of mandamus is proper remedy for reinstating an officeholder wrongly deprived of his office, but the writ will […]
SAMPSON v. SAMPSON, 221 Va. 896 (1981)
275 S.E.2d 597 ROGER W. SAMPSON, COMMITTEE, ETC. v. WILLIAM T. SAMPSON, II, ET AL. 44076 Record No. 790328.Supreme Court of Virginia. March 6, 1981 Present: Carrico, C.J., Harrison, Cochran, Poff, Compton, and Thompson, JJ.[*] [*] Mr. Chief Justice I’Anson presided at the oral argument of this case but retired January 31, 1981. In an […]
ORBE v. JOHNSON, 267 Va. 567 (2004)
DENNIS MITCHELL ORBE, APPELLANT, v. GENE M. JOHNSON, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL., APPELLEES. Record No. 040598, Circuit Court No. CH-04-419-1.Supreme Court of Virginia. March 31, 2004. Upon a Petition for Rehearing. Dennis Mitchell Orbe petitions for rehearing of the Court’s order denying his appeal. Rule 5:20 permits the filing of a petition […]
SIMPSON v. NICOL, 157 Va. 434 (1931)
161 S.E. 63 IDA SIMPSON, ET ALS. v. WILLIAM NICOL, ET ALS. 36294Supreme Court of Virginia. November 12, 1931 Present, Prentis, C.J., and Campbell, Epes, Gregory and Browning, JJ. 1. WILLS — Bequest of One-Half of the Proceeds of an Estate — Gross Proceeds or Net Proceeds — Case at Bar. — In the instant […]
WALLER v. COMMONWEALTH, 192 Va. 83 (1951)
63 S.E.2d 713 PENSY WALLER v. COMMONWEALTH OF VIRGINIA. 39089 Record No. 3790.Supreme Court of Virginia. March 12, 1951 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan and Miller, JJ. (1) Adultery, Fornication and Lewdness — Statutory Provisions — Punishable Only as Prescribed by Statute. (2) Statutes — Construction — Penal Statutes — Strict Construction […]
JEFFERSON v. COMMONWEALTH, 269 Va. 136 (2005)
607 S.E.2d 107 PAUL D. JEFFERSON v. COMMONWEALTH OF VIRGINIA. Record No. 040254.Supreme Court of Virginia. January 14, 2005. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Compton, S.J. At his trial for grand larceny, defendant pled guilty and the court determined that the evidence was sufficient to find him guilty. Two […]
SAMI v. VARN, 260 Va. 280 (2000)
535 S.E.2d 172 VIDA SAMI v. MILES VARN, M.D. AND JULIAN ORENSTEIN, M.D. Record No. 992345.Supreme Court of Virginia. September 15, 2000. Present: All the Justices. Plaintiff went to the emergency room of a hospital and told the personnel she was pregnant and in pain and experiencing vaginal bleeding. Three separate pelvic examinations were performed: […]
DODSON v. COMMONWEALTH, 159 Va. 976 (1933)
167 S.E. 260 ELLIS DODSON v. COMMONWEALTH 36491Supreme Court of Virginia. January 12, 1933 Present, All the Justices. 1. HOMICIDE — Self-Defense — Justifiable Homicide — Duty to Retreat. — A person assaulted while in the discharge of a lawful act, and reasonably apprehending that his assailant will do him bodily harm, has the right […]
NORFOLK SOUTHERN RAILWAY COMPANY v. THOMAS, 258 Va. 516 (1999)
522 S.E.2d 620 NORFOLK SOUTHERN RAILWAY COMPANY v. KENNETH LEE THOMAS, SR. Record No. 982682.Supreme Court of Virginia. November 5, 1999. Present: All the Justices. In an action brought under the Federal Employers’ Liability Act (FELA), the trial court erred in refusing to instruct the jury on contributory negligence. The worker’s acts or omissions were […]