Category: Virginia Supreme Court Opinions

246 S.E.2d 892 PAULA SUE SMARR v. COMMONWEALTH OF VIRGINIA 43694 Record No. 771473.Supreme Court of Virginia. August 31, 1978 Present: All the Justices. Evidence concerning prior injuries to infant inadmissible in malicious wounding case when Commonwealth fails to show defendant caused or contributed to earlier injuries or that only defendant had access to child […]

466 S.E.2d 90 DARRELL ELMO DAVIS v. LEONARD C. MULLINS, ET AL. 50817 Record No. 950757Supreme Court of Virginia. Decided: January 12, 1996 Present: All the Justices After many years in the courts, a bitterly contested boundary dispute was erroneously resolved since the trial court decisions over more than ten years were based on a […]

241 S.E.2d 420 ANTHONY F. TROY, ATTORNEY GENERAL OF VIRGINIA v. CHARLES B. WALKER, COMPTROLLER OF VIRGINIA 43622 Record No. 771506.Supreme Court of Virginia. January 13, 1978 Present: I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Compton, JJ. Credit Clause of Constitution of 1971, Art. X, Sec. 10 not violated when City, pursuant to enabling Act […]

21 S.E.2d 788 CITY OF ROANOKE v. JAMES W. MICHAEL’S BAKERY CORPORATION AND COMMONWEALTH OF VIRGINIA. Supreme Court of Virginia. Staunton Record No. 2548. September 9, 1942. Present, Campbell, C.J., and Holt, Hudgins, Gregory and Eggleston, JJ. 1. CONSTITUTIONAL LAW — Validity of Statutes — When Declared Unconstitutional. — A statute is not to be […]

42 S.E.2d 292 ELOISE BLALOCK, ET ALS. v. CHARLES H. RIDDICK, EXECUTOR OF THE ESTATE OF CORA PRESCOTT RANDALL, DECEASED, ET ALS. 38579 Record No. 3183.Supreme Court of Virginia. April 21, 1947 Present, Holt, C. J., and Hudgins, Eggleston, Spratley and Buchanan, JJ. 1. WILLS — Appeal from Order of Probate — Parties — Necessity […]

368 S.E.2d 225 WOODROW D. MARRIOTT, ET AL. v. VIRGIL L. HARRIS, ET AL. COKE L. GAGE v. VIRGIL L. HARRIS, ET AL. VIRGIL L. HARRIS, ET AL. v. DIVERSIFIED MORTGAGE INVESTORS 45615 Record No. 841876 Record No. 841884 Record No. 841886Supreme Court of Virginia. April 22, 1988 Present: Carrico, C.J., Poff, Compton, Stephenson, Thomas, […]

672 S.E.2d 884 SIMON VAUGHN MURPHY v. COMMONWEALTH OF VIRGINIA. Record No. 080852.Supreme Court of Virginia. February 27, 2009. Present: All the Justices. Defendant and a second individual were arrested after authorities found almost 16 pounds of marijuana in a search of the car in which both were riding. Both were charged with possession with […]

73 S.E.2d 410 MANHATTAN FOR HIRE CAR CORPORATION OF RICHMOND v. RALPH MASON O’CONNELL. 39314 Record No. 3984.Supreme Court of Virginia. December 1, 1952 Present, All the Justices. (1) Automobiles — Ambulances — Not Relieved from Provisions of Code Section 46-203. (2) Negligence — Doctrine of Last Clear Chance — Does Not Supersede Defense of […]

224 S.E.2d 132 NEWSPAPER PUBLISHING CORPORATION v. P. DECLAN BURKE, ET AL. 43347 Record No. 750031.Supreme Court of Virginia. April 23, 1976 Present, All the Justices. (1) Libel — Newspaper — Liability Without Fault. (2) Libel — Punitive Damages — Malice. (3) Libel and Slander — Punitive Damages — Actual Damages Not Awarded. (4) Libel […]

553 S.E.2d 718 DECIPHER, INC. v. iTRiBE, INC. Record No. 002873.Supreme Court of Virginia. November 2, 2001. Present: All the Justices. The plaintiff is in the business of purchasing Internet access, measured in megabytes of bandwidth, from an “upstream” provider with direct connection to the Internet, and re-selling portions of that access to the Internet […]

365 S.E.2d 754 STANLEY DANBURG v. CARL O. KEIL, ET AL. 45599 Record No. 850398Supreme Court of Virginia. March 4, 1988 Present: All the Justices Since it cannot be said that the chancellor erred in his implicit finding that special circumstances were not actually foreseen or reasonably foreseeable by the parties when a contract for […]

3 S.E.2d 365 J. H. WILLIAMS, ADMINISTRATOR, ETC. v. VIRGINIA ELECTRIC POWER COMPANY, ET AL. 37537 Record No. 2063Supreme Court of Virginia. June 12, 1939 Present, All the Justices ELECTRICITY — Liability for Death — Contributory Negligence — Eighteen Year Old Boy Grasping Wire — Case at Bar. — In the instant case, an action […]

252 S.E.2d 588 WANDA AUSTIN, AN INFANT, TIMOTHY AUSTIN, AN INFANT, FREDERICK AUSTIN, JANIE HAYDEN, LOUVENIA STEWART, WILLIAM AUSTIN AND ELLA M. AUSTIN v. WALTER DOBBINS AND MAMIE ESTELLE DILLON 43785 Record No. 770875.Supreme Court of Virginia. March 2, 1979 Present: All the Justices. In a judicial sale the court can accept bids or order […]

254 S.E.2d 62 TRANSPORTATION, INC. v. CITY OF FALLS CHURCH 43794 Record No. 771203.Supreme Court of Virginia. April 20, 1979 Present: All the Justices. Municipality immune from liability for negligence in failing to repair malfunctioning traffic signal; maintenance of traffic signals a governmental function. (1) Cities, Counties and Towns — Negligence — Governmental and Proprietary […]

522 S.E.2d 368 WILLIAM C. STEVENSON v. COMMONWEALTH OF VIRGINIA. Record No. 990032.Supreme Court of Virginia. November 5, 1999. Present: All the Justices. When a doctor’s altered report was made, no prejudice befell a medical insurance carrier, because at that time the subject surgery had been successfully completed and insurer’s liability already existed. Because the […]

666 S.E.2d 361 LYNCHBURG DIVISION OF SOCIAL SERVICES v. JAMES COOK, ET AL. Record No. 071964.Supreme Court of Virginia. September 12, 2008. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, Agee, [1] and Goodwyn, JJ. [1] Justice Agee participated in the hearing and decision of this case prior to his retirement from the Court on June […]

418 S.E.2d 871 EDWARD W. MAYNARD, ET AL. v. H.F. HIBBLE 48010 Record No. 911413Supreme Court of Virginia. June 5, 1992 Present: All the Justices Since the evidence was sufficient to support a factual finding that title to the property in controversy was acquired by adverse possession, the judgment of the trial court is affirmed. […]

187 S.E.2d 207 JOHN ECCLES v. COMMONWEALTH OF VIRGINIA. 42659 Record No. 7888.Supreme Court of Virginia. March 6, 1972 Present, Snead, C.J., Carrico, Gordon, Harrison, Cochran and Harman, JJ. Criminal Procedure — Jury Selection — Access to Master List. Attorney General concedes that trial court erred in refusing to give defendant access to master jury […]