Category: Virginia Supreme Court Opinions

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 […]

337 S.E.2d 749 LUIS MANUEL VEREZ v. COMMONWEALTH OF VIRGINIA MILTON VIDAL v. COMMONWEALTH OF VIRGINIA 44884 Record No. 84111 Record No. 841114Supreme Court of Virginia. November 27, 1985 Present: All the Justices Defendants’ consolidated appeals challenging the legality of police entering their motel room without search or arrest warrants, seizing cocaine and arresting them […]

172 S.E.2d 767 WILLIAM DAVID BIGGS v. VIRGINIA RIVERS MARTIN. 42323 Record No. 7109.Supreme Court of Virginia. March 9, 1970 Present, Snead, C.J., I’Anson, Carrico, Harrison, Cochran and Harman, JJ. (1) Automobiles — Negligence — Strike Defendant’s Evidence. (2) Automobiles — Passenger — Contributory Negligence. 1. Plaintiff was injured in collision which occurred when automobile, […]

391 S.E.2d 283 SEAWARD INTERNATIONAL, INC., ET AL. v. PRICE WATERHOUSE 46269 Record No. 891137Supreme Court of Virginia. April 20, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Hassell, JJ., and Cochran, Retired Justice In an action for professional malpractice brought by corporate clients against an accounting firm, the trial court sustained a motion […]

391 S.E.2d 293 PATRICIA WOODBURY v. C.B. COURTNEY, JR., M.D. 46280 Record No. 890994Supreme Court of Virginia. April 20, 1990 Present: All the Justices The trial court committed error in granting summary judgment in favor of a surgeon who was sued on a battery claim for allegedly performing an unauthorized procedure, and that judgment is […]

457 S.E.2d 93 ROBERT J.J. SEOANE, ET AL. v. DRUG EMPORIUM, INC., ETC. 50052 Record No. 941179Supreme Court of Virginia. Decided April 21, 1995 Present: All the Justices Since there was no merit in any of a shopping center tenant’s contentions, the trial court erred in crediting the tenant’s costs of making repairs against its […]

222 S.E.2d 517 KEITH ANTHONY TURNER v. COMMONWEALTH OF VIRGINIA. 43323 Record No. 750457.Supreme Court of Virginia. March 5, 1976 Present, All the Justices. (1) Criminal Procedure — Juvenile Courts — Transfer Hearing Notice. (2) Statutory Construction — Related Statutes — Timing of Enactment. 1. Purpose of notice in criminal proceeding is to inform accused […]

319 S.E.2d 725 WILLIAM H. BURRUSS, JR., ET AL. v. GREEN AUCTION AND REALTY COMPANY, INC. 44676 Record No. 820136.Supreme Court of Virginia. September 7, 1984. Present: All the Justices. Evidence supports Trial Court’s finding that real estate broker did not breach his fiduciary duty to disclose material information to joint venturers as principals when […]

183 S.E.2d 130 VIRGINIA ELECTRIC AND POWER COMPANY v. ROBERT S. COLEMAN, ET AL. 42553 Record No. 7561.Supreme Court of Virginia. September 1, 1971 Present, Snead, C.J., I’Anson, Carrico, Gordon, Cochran and Harman, JJ. Eminent Domain — Power Line — Secondary Easement — Specific Location. In petition to acquire right-of-way for pole line, utility also […]

377 S.E.2d 393 COLONIAL INSURANCE COMPANY OF CALIFORNIA v. FRED RAINEY, JR. 45906 Record No. 870186Supreme Court of Virginia. March 3, 1989 Present: All the Justices The trial court correctly concluded that when the operator of an uninsured vehicle is not inside the vehicle and in control of it, there must be a direct, causal […]

377 S.E.2d 408 M. ROTHSCHILD CO., INC. v. P. T. TRIKORA LLOYD 45916 Record No. 860468Supreme Court of Virginia. March 3, 1989 Present: All the Justices Judgment in two actions turning on whether the consignee of two separate shipments of crude rubber successfully proved that the rubber was damaged by water while in the custody […]