74 S.E.2d 165 BURROWS McNEIR v. GREER-HALE CHINCHILLA RANCH, A PARTNERSHIP COMPOSED OF W. W. GREER, JR., AND DR. EDWARD E. HALE. 39339 Record No. 4019.Supreme Court of Virginia. January 26, 1953 Present, Hudgins, C.J., Spratley, Miller, Smith, Whittle, JJ. (1) Sales — Warranty of Quality — Questions for Jury. (2) Evidence — Test of […]
Category: Virginia Supreme Court Opinions
VIRGINIA TRANSIT CO. v. JAMES, 188 Va. 135 (1948)
49 S.E.2d 285 VIRGINIA TRANSIT COMPANY v. QUENTIN C. JAMES, ADMINISTRATOR OF THE ESTATE OF SIMON SERENA JAMES. 38745 Record No. 3353.Supreme Court of Virginia. September 8, 1948 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Staples and Miller, JJ. 1. APPEAL AND ERROR — Effect of Verdict on Conflicting Evidence. — When evidence as to […]
SHEPHERD v. SMITH, 265 Va. 327 (2003)
576 S.E.2d 427 CLAYTON LEE SHEPHERD v. SAMANTHA SMITH. Record No. 021148.Supreme Court of Virginia. February 28, 2003. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., Carrico,[1] S.J. [1] Chief Justice Carrico presided and participated in the hearing and decision of this case prior to the effective date of his retirement on January […]
JACKSON v. COMMONWEALTH, 274 Va. 630 (2007)
652 S.E.2d 111 JOHN ALLEN JACKSON v. COMMONWEALTH OF VIRGINIA. Record No. 070137.Supreme Court of Virginia. November 2, 2007. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Stephenson, S.J. Defendant went to a hospital emergency room in the pre-dawn hours one morning complaining of pain. After examination a physician ordered that he […]
FERGUSON v. PENITENTIARY SUPERINTENDENT, 215 Va. 269 (1974)
208 S.E.2d 749 HERBERT LEVI FERGUSON v. SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 43108 Record No. 731034Supreme Court of Virginia. October 14, 1974 Present, I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Poff, JJ. (1) Criminal Procedure — Jurisdiction — Failure to Appoint Counsel Properly. (2) Habeas Corpus — Standing — New Issues. 1. While there […]
QUESINBERRY v. HULL, 159 Va. 270 (1932)
165 S.E. 382 ISAAC QUESINBERRY v. A. J. HULL 36435Supreme Court of Virginia. September 22, 1932 Present, All the Justices. 1. STATUTES — Constitutional Law — Doubt as to Constitutionality Resolved in Favor of Statute. — That the constitutionality of a statute is to be upheld whenever possible is horn-book law, not questioned at this […]
HENSON v. COMMONWEALTH, 165 Va. 821 (1936)
183 S.E. 435 JACK H. HENSON v. COMMONWEALTH OF VIRGINIA 37021Supreme Court of Virginia. January 16, 1936 Present, All the Justices. 1. HOMICIDE — Manslaughter — Operating Motor Vehicle — Sufficiency of Evidence to Sustain Conviction — Case at Bar. — In the instant case, a prosecution for manslaughter, an automobile struck a pedestrian as […]
VEPCO v. DIV. OF CONSUMER COUNSEL, 220 Va. 930 (1980)
265 S.E.2d 697 VIRGINIA ELECTRIC AND POWER COMPANY v. DIVISION OF CONSUMER COUNSEL, OFFICE OF ATTORNEY GENERAL AND STATE CORPORATION COMMISSION 43941 Record No. 791583.Supreme Court of Virginia. April 18, 1980 Present: All the Justices. Corporation Commission’s disallowance of fuel cost adjustment to VEPCO is sustained, the loss to VEPCO having resulted from its managerial […]
FOREIGN MISSION BOARD v. WADE, 242 Va. 234 (1991)
409 S.E.2d 144 FOREIGN MISSION BOARD OF THE SOUTHERN BAPTIST CONVENTION v. JENNIFER WADE, ET AL. JENNIFER WADE, ET AL. v. FOREIGN MISSION BOARD OF THE SOUTHERN BAPTIST CONVENTION 47230 Record No. 901690 Record No. 901729Supreme Court of Virginia. September 20, 1991 Present: Carrico, C.J., Compton, Stephenson, Russell,[4] Whiting, Lacy, and Hassell, JJ. [4] Justice […]
DORSEY v. ANGELONE, 261 Va. 601 (2001)
544 S.E.2d 350 MICAH LAVAL DORSEY v. RONALD J. ANGELONE, DIRECTOR, DEPARTMENT OF CORRECTIONS. Record No. 000566.Supreme Court of Virginia. April 20, 2001. Present: Carrico, C.J., Hassell, Keenan, Koontz, Kinser, and Lemons, JJ., and Compton, S.J. The prisoner was sentenced to a total of 55 years’ confinement for convictions of five felonies, but did not […]
MYSEROS v. SISSLER, 239 Va. 8 (1990)
387 S.E.2d 463 STEPHEN MYSEROS v. DEAN R. SISSLER 46197 Record No. 880256Supreme Court of Virginia. January 12, 1990 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Lacy. JJ., and Harrison, Retired Justice Where a plaintiff in a traffic negligence action proved only the typical symptoms of an emotional disturbance, for which there can be […]
COMMERCIAL BUSINESS SYSTEMS v. BELLSOUTH, 249 Va. 39 (1995)
453 S.E.2d 261 COMMERCIAL BUSINESS SYSTEMS, INC. v. BELLSOUTH SERVICES, INC. 50007 Record No. 940121Supreme Court of Virginia. January 13, 1995 Present: Carrico, C.J., Compton, Stephenson, Whiting, Lacy, and Keenan, JJ., and Cochran, Retired Justice The trial court erred in granting summary judgment in favor of the defendant, resulting in rejection of the plaintiff’s claims […]
PEYTON v. WILLIAMS, 206 Va. 595 (1965)
145 S.E.2d 147 C. C. PEYTON, SUPERINTENDENT, ETC. v. ALPHONSO RUSSELL WILLIAMS. 41762 Record No. 6041.Supreme Court of Virginia. November 29, 1965 Present, All the Justices. Criminal Sentences — Term of Confinement — Administrative Practice as to Upheld. In 1956 Williams was sentenced to the penitentiary on convictions of robbery and attempted robbery. While on […]
TURNER v. COMMONWEALTH, 216 Va. 666 (1976)
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 […]
BURRUSS v. GREEN AUCTION CO., 228 Va. 6 (1984)
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 […]
VEPCO v. COLEMAN, 212 Va. 171 (1971)
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 […]
COLONIAL INSURANCE v. RAINEY, 237 Va. 270 (1989)
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 […]
M. ROTHSCHILD CO. v. LLOYD, 237 Va. 358 (1989)
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 […]
UPCHURCH v. COMMONWEALTH, 220 Va. 408 (1979)
258 S.E.2d 506 HAROLD JULIUS UPCHURCH v. COMMONWEALTH OF VIRGINIA 43868 Record No. 781771.Supreme Court of Virginia. October 5, 1979 Present: All the Justices. The hearsay rule is not violated by the admission of testimony regarding a radio message received by a policeman prior to arresting defendant. Evidence — Hearsay Rule — Not Violated by […]
FAIRFAX CO. v. LEASCO, 221 Va. 158 (1980)
267 S.E.2d 608 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. v. LEASCO REALTY, INC. 43983 Record No. 780914.Supreme Court of Virginia. June 6, 1980 Present: All the Justices. Taxpayer failed to establish lack of uniformity in real property assessments under Code Sec. 58-1145; disparity in “valuation of adjacent property insufficient to prove assessment not […]