Case law

United Fuel Gas Co. v. Morley Oil & Gas Co.

102 W. Va. 374 · West Virginia Supreme Court · Oct 19, 1926

It is a fair assumption that if the Township had purchased or had been promised the unrestricted use of the lot, it would not have accepted the grant of a qualified and limited use. … Pomeroy quotes with approval from Sir George Jessel, Master of the Eoles, who is called one of the ablest of modern jurists: “It is clearly established by authority that there is sufficient to justify the court interfering

Cooper v. Gwinn

171 W. Va. 245 · West Virginia Supreme Court · Sep 3, 1982

The petitioners are therefore clearly entitled to enforce their fundamental right to the benefit of law as guaranteed by the West Virginia Constitution. … However, the lack of funds is not a valid excuse for denying inmates, and society as a whole, the constitutional right to the benefit of legislative enactments which clearly establish the duty of the Department of Corrections

United Fuel Gas Co. v. Allen

137 W. Va. 897 · West Virginia Supreme Court · Mar 17, 1953

At pages 329 and 330 in the opinion in the Sanders case, this Court observed: “Was he [the witness] qualified to express an opinion? … He was to some extent qualified, and the court committed no error in admitting his testimony. Railroad v. Coal Co., 75 W. Va. 423, 444 , 83 S. E. 1031 .”

Adkins v. City of Huntington

191 W. Va. 317 · West Virginia Supreme Court · May 23, 1994

The current issue of interplay between the FLSA and state wage and hour laws is clearly one of first impression. … Consequently, all entities qualifying as an employer under West Virginia Code § 21-5C-l(e) are entitled to the exemption provided that eighty percent of their employees are subject to federal wage and hour laws.

Bowman v. Barnes

168 W. Va. 111 · West Virginia Supreme Court · Sep 29, 1981

Va. 230 , 240 S.E.2d 544 (1977), which established an inchoate right of contribution between joint tortfeasors, thereby permitting a defendant to implead a joint tortfeasor under Rule 14(a), R.C.P. … Undoubtedly, there may be situations where the absent party cannot be brought into the suit, either because the party is beyond the court’s jurisdiction, or has the benefit of some immunity, such as governmental immunity,

Hartsock-Flesher Candy Co. v. Wheeling Wholesale Grocery Co.

174 W. Va. 538 · West Virginia Supreme Court · Dec 14, 1984

Wheeling Wholesale contends that these undefined terms and provisions make it impossible for a retailer or wholesaler to clearly and fully understand the meaning of the Act. … We decline to address the state immunity issue because immunity only arises as a consideration after the challenged state statute has initially been found to violate the Sherman Act.

State Ex Rel. Winter v. Brown

143 W. Va. 617 · West Virginia Supreme Court · Jun 17, 1958

The petition alleges: Respondent is the duly elected and qualified Clerk of the County Court of Putnam County, Whose duty it is to record deeds and other recordable instruments upon payment of the fees prescribed by law; … We are not unmindful of the well established rule that legislation is presumed not to be in conflict with the Constitution, and that every presumption is to be made in favor of the constitutionality of an act of 'the Legislature

Clay County Court v. Adams

109 W. Va. 421 · West Virginia Supreme Court · Sep 30, 1930

Plaintiff argues that the cable and bucket operations over the road was a nuisance per se and could be destroyed arbitrarily with immunity from liability by the county court, or commission; citing City of Martinsburg v. … While the court’s instruction is not technically correct because the right of defendant to deliver his coal over the road was not qualified by telling them that his right was subject to regulations, conditions and control

Erik Patrick Wells v. Charles T. Miller, Prosecuting Attorney

237 W. Va. 731 · West Virginia Supreme Court · Sep 15, 2016

Code § 3-5-23 (a). 7 The nominating certificate must state the name and residence *737 of each of the candidates; that he or she is legally qualified to hold the office; that the subscribers are legally qualified and duly … Code § 3-5-23 (1916) (emphasis added). 16 *744 Clearly, this language contemplates minor party candidates.

State v. Merritt

183 W. Va. 601 · West Virginia Supreme Court · Jul 26, 1990

She was granted complete immunity from prosecution in connection with the murder on December 4, 1981, in exchange for her testimony in the trials against the defendant and Acie Merritt. … As the Fourth Circuit has clearly recognized, an individual who has a low I.Q. is not presumed to be incompetent to testify.

Harner v. Monongalia County Court

80 W. Va. 626 · West Virginia Supreme Court · May 22, 1917

But the qualifying clause quoted is significant and material. … The proceeds of a bond issue for-the improvement of roads definitely designated in the order of submission and then existent can not lawfully be applied to the improvement of a road clearly not contemplated by the voter or

Burcham v. City of Mullens

139 W. Va. 399 · West Virginia Supreme Court · Mar 9, 1954

E. 752 ; and, as the record clearly establishes that plaintiff fell on the platform which is supported by a stringer, in which plaintiff’s husband found a soft spot, and contains no evidence tending to show that plaintiff … As this case was tried by a jury, consisting of twelve jurors, who were legally qualified, the trial court’s exclusion of the veniremen Gary and Goode, even if they were qualified, does not constitute reversible error.

Shephard v. Wheeling

30 W. Va. 479 · West Virginia Supreme Court · Nov 19, 1887

and compensation of the commissioners thereof; ” that the said council subsequently, in pursuance, of said ordinance, elected four persons as commissioners of the police and fire departments of said city, who have duly qualified … The principles hereinbefore discussed clearly establish that such can be the only legitimate effect of such judgment. But this is plainly not what the defendants in error are contending for.

Tug Valley Pharmacy, LLC v. All Below

235 W. Va. 283 · West Virginia Supreme Court · May 13, 2015

Additionally, like most rules, the wrongful conduct rule is not immune to categorical exceptions. … As noted above, our rule of modified comparative negligence was first established by this Court in Bradley.

Board of Trustees of Firemen's Pension v. City of Fairmont

215 W. Va. 366 · West Virginia Supreme Court · Jun 2, 2004

Layman to recalculate the supplemental benefits and to reimburse all qualified pensioners the pay lost by not compounding. Ms. … Code, article 22, chapter 8 is to establish minimum pension benefits to retired police and firemen and their surviving spouses.

Baldwin v. Butcher

155 W. Va. 431 · West Virginia Supreme Court · Jul 2, 1971

It is well established that the mother can not recover damages for the loss of her stillborn child and unless 'an action in behalf of the child can be maintained no recovery can be had for a tort which is separate and independent … The doctor whose negligence cause the death of the child would be immune from suit but the doctor who negligently injured the child who lived would justly be subject to liability for his negligence.

In Re: I.S., P.M., and B.A.

West Virginia Supreme Court · May 22, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Here, Doctors Casey, Serrano, and Wiley, were qualified as experts, without objection, in the fields of pediatric critical care, pediatric neurosurgery, and ophthalmology, respectively.

Baughman v. Hoffman

90 W. Va. 388 · West Virginia Supreme Court · Feb 28, 1922

It has always been the well established rule in Virginia. 2 Minor on Real Prop. sec. 1158; Harvey v. Alexander, 1 Randolph 219. … As before stated, it is not *397 clearly shown that the $300.00 has not been paid.

Mills v. Van Kirk

192 W. Va. 695 · West Virginia Supreme Court · Dec 21, 1994

The title of this Act clearly “points” to the notion that abutting landowners are singled out for preferential treatment in the Act. IV. … Using an objective method to establish value is a well recognized technique for establishing fair market value.

Wooddell v. Frye

110 S.E.2d 916 · West Virginia Supreme Court · Nov 17, 1959

real estate shall dsend to any in my children if there be any living share and share alike, and I do nominate my wife Sadie Sue Wooddell to the Executor herefore and request that she be not required to give an security to qualify … Hannah to the bill of complaint and dismissed this suit, being clearly right, is affirmed. Affirmed. BROWNING, Judge (dissenting). On June 11, 1957, in Weiss v.