Category: Virginia Supreme Court Opinions

265 S.E.2d 685 HERBERT BROS., INC. v. THE MCCARTHY COMPANY OF VIRGINIA-MARYLAND, ET AL. 43937 Record No. 780345.Supreme Court of Virginia. April 18, 1980. Present: All the Justices. Objection for failure to file affidavit under Code Sec. 43-22 waived where not timely made under Rule 1:10; objection cured by complainant’s filing of affidavit before Circuit […]

121 S.E.2d 482 JOHN SCOTT CARTER, ET AL., ETC. v. WILLIS SCOTT CARTER, INDIVIDUALLY AND AS ADMINISTRATRIX, ETC. 41248 Record No. 5277.Supreme Court of Virginia. September 8, 1961 Present, All the Justices. Insurance — Wife Excluded as Beneficiary — Beneficiary Clause Enforced Despite Great Increase in Coverage. John S. Carter, a plant manager for American […]

26 S.E.2d 89 ISAAC WILLIAMS v. ERNEST L. GREENE, ADMINISTRATOR OF THE ESTATE OF GEORGIA A. GREENE, DECEASED and ERNEST L. GREENE, ADMINISTRATOR OF THE ESTATE OF GEORGIA A. GREENE, DECEASED v. NORFOLK SOUTHERN BUS CORPORATION. Supreme Court of Virginia. Wytheville Record No. 2674 and Record No. 2675. June 14, 1943. Present, All the Justices. […]

184 S.E.2d 808 FRANKLIN SCOTT NEWTON v. COMMONWEALTH OF VIRGINIA. 42593 Record Nos. 7740 and 7741.Supreme Court of Virginia. November 29, 1971 Present, All the Justices. Rape — Incest — Penetration. Since penetration, an essential element of rape and incest, was not established, convictions reversed and remanded. Error to a judgment of the Circuit Court […]

335 S.E.2d 259 CITY OF RICHMOND v. VERNELL G. BRAXTON 44853 Record No. 841712Supreme Court of Virginia. October 11, 1985 Present: All the Justices A Workers’ Compensation award is reversed and the claim dismissed in a case in which the court found that a sexual assault by a supervisor of the claimant employee was not […]

611 S.E.2d 537 JOHN ALLEN MUHAMMAD v. COMMONWEALTH OF VIRGINIA. Record Nos. 041050 and 041051.Supreme Court of Virginia. April 22, 2005. Present: All the Justices Defendant and another individual carried out a series of sixteen sniper-style shootings over a 47-day period in 2002 in Virginia and other states resulting in 10 deaths and several woundings. […]

315 S.E.2d 829 JOAN S. MAHAN, ET AL., ETC. v. NATIONAL CONSERVATIVE POLITICAL ACTION COMMITTEE 44641 Record No. 811386.Supreme Court of Virginia. April 27, 1984. Present: Carrico, C.J., Cochran, Compton, Stephenson, Russell, and Thomas JJ., and Gordon, Retired Justice. Code Sec. 24.1-23(8) is unconstitutional as applied to deny central voters’ roster to non-profit entity organized […]

117 S.E.2d 114 MARSHALL F. RAGSDALE v. LELIA JONES. 41160 Record No. 5154.Supreme Court of Virginia. November 28, 1960 Present, All the Justices. (1) Instructions — Error Not Raised Below — Not Considered on Appeal. (2) Automobiles — City Street Divided into Marked Lanes — Code, 1958 Replacement Volume, Section 46.1-206 Applicable. (3) Instructions — […]

157 S.E.2d 243 RONALD DAVID ELKINS v. COMMONWEALTH OF VIRGINIA. 42007 Record No. 6660.Supreme Court of Virginia. October 9, 1967 Present, Eggleston, C.J., Buchanan, Snead, I’Anson, Carrico and Gordon, JJ. Criminal Procedure — Raising Question of Insanity — Trial Court’s Discretion. Trial Court had and properly exercised discretion under Code Sec. 19.1-228 to decide whether […]

321 S.E.2d 284 JOHN ROBERT BALLARD v. COMMONWEALTH OF VIRGINIA 44700 Record No. 831519.Supreme Court of Virginia. October 12, 1984. Present: All the Justices. Code Sec. 16.1-272, requiring Court sentencing of convicted juvenile does not deny juvenile equal protection and is constitutional. (1) Constitutional Law — Fundamental Right — Defined. (2) Criminal Procedure — Constitutional […]

210 S.E.2d 151 ATLANTIC RICHFIELD COMPANY v. D. W. BEASLEY. 43126 Record No. 730937.Supreme Court of Virginia. December 2, 1974 Present, All the Justices. (1) Landlord and Tenant — Quiet Possession — Waiver of Breach. (2) Landlord and Tenant — Continuing Breach — Reasonable Time Before Waiver — Jury Question. 1. Admitting a breach of […]

33 S.E.2d 636 LEONARD LEE EVANS v. COMMONWEALTH OF VIRGINIA. 38312 Record No. 2929.Supreme Court of Virginia. April 23, 1945. Present, All the Justices. 1. SEDUCTION — Indictment — Must Follow Language of Statute. — Since seduction is a statutory offense, it is imperative that the indictment follow the language of the statute, section 4410 […]

403 S.E.2d 338 L. MARIE WOLFE, ADMINISTRATRIX OF THE ESTATE OF ROBBIE SHAWN WOLFE v. FREDERICK L. BAUBE, III, ET AL. 46855 Record No. 901230Supreme Court of Virginia. April 19, 1991 Present: Carrico, C.J., Stephenson, Russell, Whiting, Lacy, and, Hassell, JJ., and Poff, Senior Justice Since, as a matter of law, the decedent’s conduct did […]

455 S.E.2d 506 RONALD LEE FITZGERALD v. COMMONWEALTH OF VIRGINIA 50034 Record Nos. 941426 941586Supreme Court of Virginia. March 3, 1995 Present: All the Justices Having found no reversible error among the issues presented by the appeals in this capital murder case, and having conducted the review mandated by Code Sec. 17-110.1, the judgments of […]

18 S.E.2d 258 WILLIAM H. JONES v. LAURA J. PASCO. Supreme Court of Virginia. Richmond Record No. 2454. January 19, 1942. Present, All the Justices. 1. AUTOMOBILES — Negligence — Going to Sleep While Driving. — In the exercise of ordinary care there rests upon the operator of an automobile the duty of prevision, and […]

479 S.E.2d 530 THERESA A. MULLINS v. VIRGINIA LUTHERAN HOMES, INC. Record No. 960961Supreme Court of Virginia. January 10, 1997 Present: All the Justices In this action by a worker alleging that she was unlawfully discharged from employment for filing a workers’ compensation claim, the trial court erred in striking the plaintiff’s evidence because, viewed […]

259 S.E.2d 821 EASCALCO, INC. v. HARRY A. CAULFIELD, ET AL. 43878 Record No. 780378.Supreme Court of Virginia. November 21, 1979 Present: All the Justices. When granting specific performance of a contract for the purchase of land, the court must enforce the interest provision as set forth in the contract; Code Sec. 8.01-382 distinguished. (1) […]

568 S.E.2d 680 LEE COUNTY v. TOWN OF ST. CHARLES. Record No. 012543.Supreme Court of Virginia. September 13, 2002. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Lemons, JJ., and Compton, S.J. Decades ago, a county and a town adopted a joint resolution to create a water and sewer authority. The articles of incorporation and […]

244 S.E.2d 750 HENRY DAVIS, JR. v. JOSEPH F. COLGIN 43671 Record No. 761659Supreme Court of Virginia. June 9, 1978 Present: All the Justices. Parties or their counsel should not refer to accident report during trial even though the report is not introduced in evidence. (1) Motor Vehicles — Accident Report (Code Sec. 46.1-401) — […]