Case law

Matter of Dortch

199 W. Va. 571 · West Virginia Supreme Court · Apr 14, 1997

Dortch should be admitted as he would seem to be otherwise duly qualified. The Board subsequently conducted an interview of the applicant on February 12, 1996, during its regularly-scheduled meeting. … Clearly, his criminal mischief was in no way attributable to his youth, immaturity or inexperience.

Everett J. Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Joshua Simpkins

West Virginia Supreme Court · Sep 20, 2022

Va. at ___, 874 S.E.2d. at 264 (Wooton, J., dissenting) (observing majority exceeded its statutory authority to review administrative revocations and “for the first time established the Supreme Court of Appeals as a fact-finding … Simpkins attempted to qualify this admission in his testimony, OAH also found that the officer 6 “smelled a strong odor of marijuana” when Mr.

Wiseman v. Calvert

134 W. Va. 303 · West Virginia Supreme Court · Apr 4, 1950

persons to take the census, to register the qualified voters, and to act *307 as commissioners and clerks to conduct the election. … There a commission was established to pass upon applications for licenses to construct water power dams in the rivers of this State.

Stout v. Massie

88 S.E.2d 51 · West Virginia Supreme Court · Jul 1, 1955

This finding of the court is against the clear preponderance of the evidence and is clearly wrong. … In view of the foregoing clearly established facts, the welfare of the child would, in my judgment, be best promoted by an award of the custody of the child to the plaintiff which would enable her to be reared in her new

State of West Virginia v. George Dumire

West Virginia Supreme Court · Dec 16, 2020

Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard. … Moreover, the evidence was sufficiently strong so as to establish petitioner’s guilt.

England v. Shufflebarger

152 W. Va. 662 · West Virginia Supreme Court · Mar 4, 1969

The cases are clearly distinguishable. … Jorge de la Piedra, who qualified as a specialist in orthopedic surgery and who first saw the plaintiff on the day following his injury and last saw him and examined him on the day previous to the trial, made the following

Gallant v. County Commission

212 W. Va. 612 · West Virginia Supreme Court · Nov 27, 2002

The Respondent appears to concede that the jail building is located within an historic district and is listed therein as a “contributing element” and, thus, is a qualifying property, for the mandated review. … section, funded, in whole or in part, by the State shall not include funding from any county’s general revenue fund regardless of whether or not state funds are commingled with the county’s general revenue fund; (3) the establishment

Farm Family Mutual Insurance v. Thorn Lumber Co.

202 W. Va. 69 · West Virginia Supreme Court · Mar 12, 1998

A claim is not for a “sum certain” where its amount is largely a matter of opinion on which qualified persons might fairly and honestly differ. Hallett Construction Co., 258 Iowa at 529 , 139 N.W.2d at 427 . … Furthermore, when damages are un-liquidated or not clearly ascertainable, a defaulting party is entitled to cross-examine witnesses and present mitigating evidence. See, e.g., Amica Mutual Insurance Co. v.

Loomis v. Jackson

6 W. Va. 617 · West Virginia Supreme Court · Jan 7, 1873

The reasons on which this well established rule is founded, are so clearly set forth in Cooleys Con. … And specification 7 charges; “That at the election in Parkersburg, six other persons who are named, who were not qualified voters, voted for Respondent-” *705 Both of these last two specifications are fatally • defective,

Copley v. Mingo County Board of Education

195 W. Va. 480 · West Virginia Supreme Court · Dec 8, 1995

Smith was more qualified for the basketball coaching position than Appellant and directed that Mr. Smith be instated to the position with backpay. … A board of education that in good faith hires an individual is not subject to civil action for damages for breach of contract by that person when it is thereafter determined as a result of the grievance process established

Crum v. Ward

146 W. Va. 421 · West Virginia Supreme Court · Jun 20, 1961

"While there was some contrariety in the testimony of the witness, there was nothing which clearly established hostility or surprise. … The court having clearly ruled such argument to he proper, counsel were not required to interrupt the trial by again imposing a further objection.

Haney v. Pittsburgh, C., C. & St. L. R'y Co.

38 W. Va. 570 · West Virginia Supreme Court · Dec 6, 1893

time the collision occurred, several of the workmen jumped from the caboose of No. 3 to the ground, in order to avoid the oftects of the collision, and among them was said Gregory Haney, who in some manner, which is not 'clearly … On the 30th day of August, 1892, Eleanor Haney, who had qualified as administratrix of said Gregory Haney, deceased, brought an action of trespass on the case in the Circuit Court of Hroolce county against said railway company

Gainer v. Gainer

219 W. Va. 654 · West Virginia Supreme Court · Nov 14, 2006

Accordingly, the parties were directed to prepare a qualified order to divide their pensions. On appeal, the circuit court determined that the family court did not err by finding that Mr. … At the same time, we recognized that, “where other assets for equitable distribution are inadequate or lacking altogether, or where no present value can be established and the parties are unable to reach agreement, resort

Courtney v. Courtney

190 W. Va. 126 · West Virginia Supreme Court · Jun 11, 1993

Certainly, at the very least, this type of severe emotional distress will exhibit mental and emotional damages readily recognizable by qualified experts. … Both paragraphs 3 and 14 clearly encompass damages incurred as a result of the alleged outrageous conduct of the defendant toward the plaintiff.

Thomas M. White, Jr. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Feb 3, 2020

Petitioner has not demonstrated this finding to be clearly erroneous. … Petitioner argues that “no reasonably qualified defense attorney would have failed to object to these prejudicial statements.” We disagree.

In re S.H.-1 and S.H.-2

West Virginia Supreme Court · Nov 10, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The majority’s decision to affirm the circuit court in this regard is unfair, unjust, and clearly wrong as a matter of law.

State v. Evans

66 S.E.2d 545 · West Virginia Supreme Court · Sep 10, 1951

Katzen, 112 W.Va. 467 , 164 S.E. 796 , this Court held that a properly qualified medical expert could testify "as to the probable future consequences of an injury, provided the consequences anticipated are such as in the … In short, the evidence was clearly prejudicial to the defendant and, in my judgment, its admission was reversible error.

Ball v. Ball

136 W. Va. 852 · West Virginia Supreme Court · Feb 12, 1952

Clearly, they are words of disposition. In the case of Sherwin v. … I think that the Court's opinion in this case establishes a trust on weak implications and thereby disinherits the heirs.

State v. Toney

98 W. Va. 236 · West Virginia Supreme Court · Feb 24, 1925

So much depends upon the manner of the juror and his tone of voice and the opportunity of the trial judge to see and know the juror, that it is the settled practice to not interfere with his finding unless clearly against … The last two cases establish the rule on this question in this jurisdiction.

Griffith v. State Workmen's Compensation Commissioner

157 W. Va. 837 · West Virginia Supreme Court · May 21, 1974

“The disability is in my opinion such that qualifies. the claimant for total permanent disability under the Second Injury statute . . . .” … An order of the Workmen’s Compensation Appeal Board affirming the finding of the Workmen’s Compensation Commissioner will not be reversed on appeal unless it is *842 clearly wrong. Pannell v.