Category: Virginia Supreme Court Opinions

45 S.E.2d 913 UTILA GUTHRIE NICHOLS, ADMINISTRATRIX OF J. B. NICHOLS, DECEASED v. SOUTHERN RAILWAY COMPANY. 38653 Record No. 3258.Supreme Court of Virginia. January 12, 1948 Present, All the Justices. 1. CROSSINGS — Last Clear Chance — Burden of Proof — Case at Bar. — In the instant case, an action for wrongful death, decedent […]

241 S.E.2d 754 VIRGINIA MUTUAL INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY 43632 Record No. 761287.Supreme Court of Virginia. March 3, 1978 Present: I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Compton, JJ. Automobile liability insurance policy in force 55 days cancelled by 10 days notice; Code Sec. 38.1-381.5(e)(2) requiring 30 days notice inapplicable. Insurance — […]

698 S.E.2d 900 VIRGINIAN-PILOT MEDIA COMPANIES, LLC v. Dow JONES COMPANY, INC. Record No. 091661.Supreme Court of Virginia. September 16, 2010. Present: Koontz, Kinser, Lemons, Millette, and Mims, JJ., and Carrico and Russell, S. J.J. The publisher of a major national financial newspaper filed in a circuit court a “Petition for Authority to Publish Legal […]

387 S.E.2d 481 CHARLOTTE D. COUNTS, GUARDIAN, ETC. v. STONE CONTAINER CORPORATION, ET AL. 46217 Record No, 881270Supreme Court of Virginia. January 12, 1990 Present: Carrico. C.J., Compton, Stephenson, Russell, Whiting, and Lacy, JJ., and Harrison, Retired Justice Because a partner in a general partnership explicitly elected to be covered by the Workers’ Compensation Act […]

50 S.E.2d 437 MILDRED WOMBLE HASKINS v. CHARLES HOWARD HASKINS. 38779 Record No. 3377.Supreme Court of Virginia. November 22, 1948 Present, All the Justices. 1. DIVORCE — Adultery — Sufficiency of Facts to Infer. — In a suit for divorce, the rule for the sufficiency of the proven facts to infer adultery is that, if […]

85 S.E.2d 256 LAURA A. CAUTHORN AND PAUL M. CAUTHORN, INDIVIDUALLY AND AS GUARDIAN AND ADMINISTRATOR, ETC. v. LILLIAN B. CAUTHORN, ETC., ET AL. 39558 Record No. 4307.Supreme Court of Virginia. January 17, 1955 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Smith, JJ. (1) Partition — Sale of Land — When Jurisdiction Exists […]

83 S.E.2d 418 J. B. HERSHMAN v. J. N. PAYNE. 39517 Record No. 4253.Supreme Court of Virginia. September 8, 1954 Present, All the Justices. Automobiles — Guest Statute — Gross Negligence Not Shown. Payne, riding as a guest in Hershman’s truck, was injured when the vehicle was struck from behind by another car as Hershman […]

213 S.E.2d 800 FIRST NATIONAL BANK OF MARTINSVILLE AND HENRY COUNTY, ADMINISTRATOR, ETC. v. SIDNEY W. COBLER, ET AL. 43210 Record No. 740602.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. (1) Appellate Review — Commissioner’s Report Disapproved by Chancellor. (2) Negotiable Instruments — Commercial Code — Renunciation. (3) Negotiable Instruments — Renunciation […]

96 S.E.2d 151 L. N. HILTON v. B. HOBERT AMBURGEY, ET AL. 39825 Record No. 4616.Supreme Court of Virginia. January 21, 1957 Present Hudgins, C. J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) and (2) Garnishment — Sheriff’s Salary Exempt. 1. Hilton’s proceedings to garnish sums owed Amburgey by the Commonwealth and by […]

67 S.E.2d 875 CARSON T. OVERSTREET v. COMMONWEALTH OF VIRGINIA. 39177 Record No. 3849.Supreme Court of Virginia. December 3, 1951 Present, All the Justices. (1) Mechanics’ Liens — Fraudulent Appropriation by Contractor — Code Section 43-13 Does Not Interfere with Liberty to Contract. (2) Mechanics’ Liens — Fraudulent Appropriation by Contractor — Burden of Proof […]

278 S.E.2d 817 CLINCHFIELD COAL COMPANY v. HOMER ANDERSON 44134 Record No. 800987.Supreme Court of Virginia. June 12, 1981 Present: All the Justices. The limit for Workmen’s Compensation for total incapacity under Code Sec. 65.1-54 which is computed based on the average weekly wage of the Commonwealth, does not limit the cost of living supplement […]

401 S.E.2d 878 WILLIAM R. DUDLEY, ADMINISTRATOR, ETC. v. OFFENDER AID AND RESTORATION OF RICHMOND, INC. 46834 Record No. 900994Supreme Court of Virginia. March 1, 1991 Present: All the Justices The decedent who was murdered when a resident of a “half-way house” left the facility, although not foreseeably at risk as an individual, was a […]

309 S.E.2d 330 CHARLES E. YATES AND STATE FARM FIRE AND CASUALTY COMPANY v. WHITTEN VALLEY RENTAL CORPORATION 44568 Record No. 802051.Supreme Court of Virginia. December 2, 1983 Present: All the Justices. Oral contract of property damage insurance not proved when some elements of contract required by Code Sec. 38.1-333 not proved by clear and […]

17 S.E.2d 355 B. A. CUNNINGHAM, ADM’R, ETC. v. LEWIS B. WILLIAMS, AND OTHERS. 37880 Record No. 2390.Supreme Court of Virginia. November 24, 1941. Present, All the Justices. 1. MORTGAGES AND DEEDS OF TRUST — Enforcement — Limitations — Effect of 1898 Amendment to Code Section 5827. — Prior to Acts 1897-98, page 516, amending […]

4 S.E.2d 786 CARRIE B. GREGORY, ADMINISTRATRIX, ETC. v. B. R. DANIEL, N. A. DANIEL AND J. F. DANIEL, TRADING, ETC. 37564 Record No. 2080Supreme Court of Virginia. September 13, 1939 Present, Campbell, C.J., and Holt, Hudgins, Browning and Eggleston, JJ. 1. NEGLIGENCE — Violation of Statute — Does Not of Itself Establish Proximate Cause. […]

594 S.E.2d 899 JONATHAN PEREL, AS TRUSTEE FOR THE BALLYSHANNON TRUST, ET AL. v. SCOTT BRANNAN, ET AL. Record No. 031291.Supreme Court of Virginia. April 23, 2004. Present: All the Justices. The plaintiffs sued the defendant owners of a subdivision lot alleging a violation of restrictions against building in set-back and buffer areas as set […]

83 S.E.2d 353 SOUTHERN MATERIALS COMPANY, INCORPORATED v. BELLA B. MARKS, KEEVE MARKS, LUCY C. SIMS, ADMINISTRATRIX OF THE ESTATE OF FRANK SIMS. 39523 Record No. 4240.Supreme Court of Virginia. September 8, 1954 Present, Eggleston, Spratley, Buchanan and Smith, JJ. Mechanics Lien — Period of Limitation — When Running Account Due. Complainant Southern Materials, as […]