Category: Virginia Supreme Court Opinions

323 S.E.2d 554 WILLIE LEROY JONES v. COMMONWEALTH OF VIRGINIA 44726 Record No. 840826.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. Death sentences for capital murder of two victims under Code Sections 18.2-31(d) and 18.2-31(g) sustained based on vileness predicate of Code Sec. 19.2-264.2; various constitutional and evidential issues discussed. (1) Criminal […]

41 S.E.2d 451 LAWRENCE HICKERSON, AN INFANT, WHO SUES BY HIS NEXT FRIEND, O. M. WEAKLEY v. MILDRED F. BURNER. 38557 Record No. 3147.Supreme Court of Virginia. March 3, 1947 Present, Holt, C. J., and Hudgins, Gregory, Eggleston, Spratley and Buchanan, JJ. 1. VERDICT — Effect — Conclusiveness. — Where there are irreconcilable conflicts in […]

217 S.E.2d 800 WALTER KIDD JONES, JR. v. HARRIET N. JONES. 43236 Record No. 740888.Supreme Court of Virginia. September 5, 1975 Present, I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Poff, JJ. (1) Divorce — Desertion. (2) Divorce — Mutual Consent Separation. (3) Divorce — Support — Counsel Fees. 1. Neither wife’s admissions nor husband’s evidence […]

303 S.E.2d 890 THOMAS M. LEWIS v. COMMONWEALTH OF VIRGINIA 44499 Record No. 820829.Supreme Court of Virginia. June 17, 1983 Present: Carrico, C.J., Cochran, Poff, Stephenson, and Russell, JJ., and Harrison, Retired Justice.[*] [*] Justice Compton took no part in the hearing or adjudication of this appeal. Question on cross-examination in case of receiving stolen […]

546 S.E.2d 691 ANDREW MOLCHON, M.D. v. SANDRA P. TYLER, AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL TYLER (DECEASED), ET AL. Record No. 002010.Supreme Court of Virginia. June 8, 2001. Present: All the Justices. Decedent, who had a 20-year history of depression and substance abuse, was admitted to a facility under the care of the […]

499 S.E.2d 833 IRENE M. DIEHL, ADMINISTRATRIX OF THE ESTATE OF FRANCIS JOSEPH DUNLAP, SR., DECEASED v. EDWARD B. BUTTS, M.D. Record No. 971090Supreme Court of Virginia. April 17, 1998 Present: All the Justices Because it was error to allow a doctor to testify to a conversation with a now-deceased patient without the level of […]

219 S.E.2d 859 W. B. CHITTUM, SHERIFF OF ROCKBRIDGE COUNTY, ETC. v. CHARLES A. POTTER, JR., ET AL., ETC. 43290 Record No. 741013.Supreme Court of Virginia. December 1, 1975 Present, I’Anson, C.J., Carrico, Harrison, Cochran, Poff and Compton, JJ. (1) Real Estate — Agency — Partnership. (2) Contracts — Rejected Offer — Continued Negotiations. (3) […]

117 S.E.2d 128 FRANCIS B. PLATTNER v. MARGARET J. PLATTNER. 41157 Record No. 5140.Supreme Court of Virginia. November 28, 1960 Present, All the Justices. (1) Pleading and Practice — Divorce — Status of Commissioner’s Report. (2) Divorce — Desertion — Cannot Occur After Institution of Suit. (3) Divorce — Separate Maintenance — Allowed Wife Though […]

94 S.E.2d 251 NORFOLK WESTERN RAILWAY COMPANY, A CORPORATION v. OTTO FLETCHER. 39780 Record No. 4551.Supreme Court of Virginia. September 4, 1956 Present, All the Justices. (1) Railroads — Crossing Accident — Whether Signals Given Question for Jury. (2) Railroads — Crossing Accident — Common Law Duty to Give Warning. (3) Railroads — Crossing Accident […]

198 S.E.2d 593 PHILIP P. NELSON v. ELEANOR H. PENDLETON. 42930 Record No. 8184.Supreme Court of Virginia. August 30, 1973 Present, All the Justices. Negligence — Contributory Negligence — Rescue Doctrine. Pendleton was injured in an attempt to rescue child in her care from fall on dangerous basement steps. But Pendleton had failed to discharge […]

61 S.E.2d 33 APPALACHIAN ELECTRIC POWER COMPANY, A CORPORATION v. JAMES RAYMOND GORMAN AND OTHERS. 39032 Record No. 3675.Supreme Court of Virginia. September 6, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Eminent Domain — Condemnation Proceedings — Instructions to Commissioners — Failure to Ask for Instructions. (2) Eminent Domain […]

257 S.E.2d 841 SOUTHERN RAILWAY COMPANY v. ARLEN REALTY AND DEVELOPMENT CORP. 43856 Record No. 771516.Supreme Court of Virginia. August 30, 1979 Present: All the Justices. Indemnitee is entitled to recovery of reasonable attorney’s fees and expenses of litigation in defense of tort claim from indemnitor when timely notice and opportunity to defend not given […]

100 S.E.2d 14 THOMAS ANDERSON BAYTOP v. LILLIAN HOLMES BAYTOP. 39898 Record No. 4696.Supreme Court of Virginia. October 14, 1957 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Divorce — Granted on Ground of Cruelty. (2) Divorce — Husband’s Cruelty Not Condoned. (3) Divorce — Alimony Award Not Justified Where Wife […]

19 S.E.2d 84 SAMUEL A. GALLOP AND JAMES RIDDICK v. WILLIAM M. SHARP. Supreme Court of Virginia. Richmond Record No. 2489. March 2, 1942. Present, Campbell, C.J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. APPEAL AND ERROR — Conflicting Evidence — Resolved in Conformity with Verdict — Case at Bar. — The instant […]

31 S.E.2d 558 LUCILLE WHITE, GUARDIAN, ETC. v. MABEL G. WHITE. 38250 Record No. 2866.Supreme Court of Virginia. October 9, 1944. Present, All the Justices. 1. WILLS — Construction — When Will Is Clear and Unambiguous. — When the language of a will is clear and unambiguous, it needs no interpretation. It speaks for itself. […]

361 S.E.2d 125 GERALD EDWARD DESKINS v. T. H. NICHOLS LINE CONTRACTOR, INC., ET AL. 45474 Record No. 841507Supreme Court of Virginia. October 9, 1987 Present: All the Justices The trial court’s decision to set aside a jury award of damages for plaintiff in a vehicle negligence case and to enter final judgment for defendants […]

381 S.E.2d 3 THE LESTER GROUP, INC. v. LARRY K. LITTLE, ET AL. 46043 Record No. 870646Supreme Court of Virginia. June 9, 1989 Present: All the Justices Since valid title did not pass when certain real estate was mistakenly sold for delinquent taxes, trial court judgment in favor of the successor in title is reversed. […]

329 S.E.2d 48 JEWELL RIDGE COAL CORPORATION v. DR. TILLOU HENDERSON, ET AL. 44791 Record No. 840661 Record No. 840664Supreme Court of Virginia. at Richmond Decided April 26, 1985 Present: Carrico, C.J., Poff, Compton, Stephenson, Russell, Thomas, JJ., and Gordon, Retired Justice Two appeals dismissed as improvidently granted where no final award action had been […]