Case law

Bank of Williamson v. McDowell County Bank

66 W. Va. 545 · West Virginia Supreme Court · Dec 21, 1909

The law thus accords to them a protection and right which citizens generally do not have, immunity from the Return of money paid to them under a mutual mistake. … Therefore, the endorsement of a purchasing bank, not qualified or limited in any respect, amounts to a representation to the drawee that this precaution has been taken.

Gaylord v. Hope Natural Gas Co.

122 W. Va. 205 · West Virginia Supreme Court · Mar 26, 1940

Maxwell' qualified as administrators of his estate. … We cannot say that the commissioner was clearly wrong, and under well established rules, we do not feel that we should disturb his finding as to values.

McGraw v. St. Joseph's Hospital

200 W. Va. 114 · West Virginia Supreme Court · Jul 16, 1997

Henthorn, who clearly testified that defendant violated the standard of care it owed to plaintiff as a result of plaintiff's May 12 fall. Dr. … Therefore, the circuit court was clearly wrong in ruling *398 that the plaintiff did not have an expert on the standard of care, with respect to the May 12 incident.

Perrine v. EI DU PONT DE NEMOURS AND CO.

225 W. Va. 482 · West Virginia Supreme Court · Jun 2, 2010

The analysis to be applied in determining whether an expert is qualified to give an opinion has been well established by this Court. … Bedell, et al., no. 070762, this Court, on March 15, 2007, refused DuPont's petition to prohibit the disclosure of documents said to be the subject of qualified immunity and privilege. In addition, in State ex rel. E.I.

Beine v. Bd. of Educ. of Cabell County

181 W. Va. 669 · West Virginia Supreme Court · Jul 27, 1989

The Board’s failure to follow the procedures established by law in pursuing termination and their failure to afford Beine his statutory right to notice and hearing left the lower court little choice in its decision. … John Bosco is a Missouri not-for-profit corporation and not qualified to do business in the State of West Virginia. 7.

State v. Prater

52 W. Va. 132 · West Virginia Supreme Court · Dec 6, 1902

That fixes the degree of the tendency and clearly overcomes the objection. … clearly. shown.

William F. Crawford v. W. Va. Dept. of Corrections - Work Release

239 W. Va. 374 · West Virginia Supreme Court · Jun 8, 2017

Crawford qualified as an “employee” pursuant to W. Va. Code § 23-2-1a (1999) (Repl. Vol. 2010). However, this question is rendered moot by our determination that Mr. … Clearly both classes of inmates receive treatment for work-related injuries.

Calhoun County Bank v. Ellison

133 W. Va. 9 · West Virginia Supreme Court · Jun 14, 1949

The evidence introduced by her is clearly insufficient to prove either claim, in whole or in part. … This evidence is utterly insufficient to establish the claim and the action of the circuit court in disallowing it was clearly right.

State v. Anderson

178 W. Va. 348 · West Virginia Supreme Court · Jul 16, 1987

Accordingly, the record fails, in this Court’s opinion, to establish that the hearing body was not neutral and detached. … An examination of the circumstances of the case shows that the defendant was clearly informed of what actions constituted various categories of violations.

State of West Virginia ex rel. Historic Arms Corporation v. The Honorable C. Carter Williams, Judge of the Circuit Court of Hardy County, Darrick J. Gust, and Emily Gust

West Virginia Supreme Court · Oct 26, 2022

The court further found that Historic Arms had placed the Fuses in the stream of commerce, so that it had established minimum contacts with West Virginia by distributing them to Mr. … But the circuit court qualified those findings and expressly recognized that “Defendant Starer may have been wearing more than one hat during the time in question.

State v. Jarrell

191 W. Va. 1 · West Virginia Supreme Court · Feb 18, 1994

(Emphasis added.) *5 The only thing this testimony established about the appellant, Barbara Jarrell’s husband, was that he was present at the Smith residence early on the night in question. … Smith’s statements to the police quite clearly were not made “during the course and in furtherance of the conspiracy.”

Kizer v. Harper

211 W. Va. 47 · West Virginia Supreme Court · Nov 30, 2001

This statement is clearly in accord with the law of prima facie negligence as announced on multiple occasions by this Court. … Vance should not have been read to the jury, arguing that he did not qualify as an unavailable witness. Mr.

State v. Cremeans

62 W. Va. 134 · West Virginia Supreme Court · Apr 23, 1907

In the second instruction, however, the word “personal” is used in *137 qualifying’ “doubt” when the word “reasonable” was evidently intended. … all his life as well as with his standing in the neighborhood in' which he lived and was necessarily qualified to know his general reputation, and he knew more from not having heard it discussed than from what he had heard

Heydinger v. Adkins

178 W. Va. 463 · West Virginia Supreme Court · Jul 22, 1987

under the classification of a “personal care home” by the DOH pursuant to W.Va.Code, 16-5C-2(d) [1979]. 2 Because the home lacked the requisite staff and physical facilities to administer proper “nursing care,” it could not qualify … Adkins was clearly erroneous, and a remand of this case is warranted.

Talbott v. Payne

90 W. Va. 280 · West Virginia Supreme Court · Feb 14, 1922

It seems to.be very well established that the general rule making a carrier absolutely liable for the loss of goods entrusted to it for transportation, unless such loss occurs from the act of God or the public enemy, is qualified … As before stated, it seems to be well established that the measure of liability of a carrier of live stock is a little different from that of a carrier of dead freight.

Kaufman v. PLANNING & ZONING COM'N, ETC.

298 S.E.2d 148 · West Virginia Supreme Court · Nov 24, 1982

Appointees "shall be qualified by knowledge and experience in matters pertaining to the development of the municipality ...." … This statement clearly relates only to the physical aspects of lot size, not the type of development and the economic class of renters.

In re: B.M.

West Virginia Supreme Court · Dec 10, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … However, when the DHHR requested the circuit court qualify Ms. Nelson during the dispositional hearing below, petitioner responded that she had no objection to the qualification.

Wiles v. Wiles

134 W. Va. 81 · West Virginia Supreme Court · Mar 21, 1950

On June 15, 1949, Alston Wiles qualified as executor without security under the will and caused personal property owned by the plaintiff, consisting of seventeen chickens, valued at $17.00, one colt, valued at $75.00, one … If personal property possesses a value peculiar to its owner, or, as it is generally expressed, has a pretium affectionis, equity will vindicate and uphold the right to the possession thereof and immunity from injury by the

State v. Memorial Gardens Development Corp.

143 W. Va. 182 · West Virginia Supreme Court · Dec 3, 1957

Cases cited in this dissent clearly demonstrate that the statute can not be condemned as class legislation. … It is of importance to all that such a business be conducted properly, and only by those who are qualified to carry out its responsibilities.

In re A.W. and R.W.

West Virginia Supreme Court · Apr 20, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Even more importantly, the evidence does not establish that petitioner and the children had a close emotional bond.