Case law

Pittsburgh Elevator Co. v. West Virginia Board of Regents

172 W. Va. 743 · West Virginia Supreme Court · Jun 30, 1983

We are aware that when the Legislature has established a corporate entity and provided it with funds to conduct an enterprise for the state, some jurisdictions with constitutional provisions similar to ours have held that … Such a duty to defend on the part of the insurer is clearly contemplated by W.Va.Code § 29-12-5.

Ashbaugh v. Chesapeake & Ohio Railway Co.

72 W. Va. 765 · West Virginia Supreme Court · Sep 30, 1913

The evidence clearly and strongly tending to show definition and establishment of the limits of the right of way was unopposed by any adduced by the plaintiff, as will appear from the statement hereinbefore given. … In so doing, it clearly erred.

Alderson v. Kahle

73 W. Va. 690 · West Virginia Supreme Court · Feb 13, 1914

In the declaration and proof are found circumstances indicating the use of the words in a qualified sense. … The modifications were clearly not prejudicial. On the contrary, they wrought a •decided improvement as to both form and substance.

State v. Strauder

11 W. Va. 745 · West Virginia Supreme Court · Nov 17, 1877

But this was clearly unnecessary. … I am clearly of opinion, that the court did not err in its action in this matter.

State v. Hanson

181 W. Va. 353 · West Virginia Supreme Court · Jun 16, 1989

The defendant continued to circulate musty-smelling money at local establishments. … Clearly, Rule 11(e)(6)(D) was not designed to address this constitutional issue. Nor can we say that the defendant’s statements were voluntary merely because he had the advice of counsel.

State v. Bail

88 S.E.2d 634 · West Virginia Supreme Court · Jul 27, 1955

In the Cosner case, supra, the rule was laid down that such facts must be "clearly" established. Therein it was held: "4. … The unwarranted holding of the majority that it does not clearly appear that a qualified jury can not be obtained from persons eligible for jury service in Clay County, which is contrary to the undisputed facts established

Iacuone v. Pietranton

138 W. Va. 776 · West Virginia Supreme Court · Oct 13, 1953

For the most part, at least, the evidence introduced at the trial on the merits establishes the truth of the facts alleged in the plea. … A sentence for a misdemeanor is not process within the meaning of the immunity rule.” “2. A person serving a sentence for a misdemeanor is not immune to the service of a summons in a civil proceeding.”

Murphy v. North American River Runners, Inc.

186 W. Va. 310 · West Virginia Supreme Court · Dec 12, 1991

This statute establishes such standard of care as a statutory safety standard for the protection of participants in whitewater rafting expeditions. … Va.Code, 20-2- 23 [1987] as follows: "The term ‘commercial whitewater guide,’ as used herein, means any person who is an owner, agent or employee of a commercial whitewater outfitter, and who is qualified and authorized to

Bland v. State

230 W. Va. 263 · West Virginia Supreme Court · Nov 21, 2012

Defendant Board failed to accurately inform or advise plaintiffs of the benefits or years of service requii’ed to qualify for benefits. … We further found that the Bureau was not constitutionally immune from suit to recover overpaid child support arrearages.

State Ex Rel. Monk v. Knight

201 W. Va. 535 · West Virginia Supreme Court · Dec 10, 1997

and characterized by an abuse of discretion and was clearly an unwarranted exercise of discretion. … Code § 18A-4-7a provides the criteria the board of education must take into consideration when determining which candidate is the most qualified. The candidate who is most qualified must be chosen to fill the vacancy.

Swanson v. Board of Education

215 W. Va. 587 · West Virginia Supreme Court · Jun 29, 2004

To ensure that the highest qualified individual was selected to fill vacancies in the Putnam County school system, it appears that the Putnam County Board of Education adopted Policy P.1.12, which established hiring selection … This court finds Superintendent Sentelle’s subjective reasoning, as good as it might be, clearly not enough to keep the most qualified applicant out of the position, and, therefore, the ALJ’s ruling is clearly erroneous as

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

has violated a clearly established statutory or 6 constitutional right.” … [t]o prove that a clearly established right has been infringed upon, a plaintiff must do more than allege that an abstract right has been violated.

State ex rel. Magun v. Sharp

143 W. Va. 594 · West Virginia Supreme Court · Jun 10, 1958

executed the last mentioned certificate was, on the date thereof, “Assistant Chief of the Consular Ad *596 ministration of the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics, duly commissioned and qualified … has held that when an attorney appears at the bar of a court in a matter being litigated, there is a presumption of his authority to represent his client and, though the presumption may be rebutted, evidence to do so must clearly

Dreama Bowden, Administratrix v. Monroe Co. Commission

239 W. Va. 214 · West Virginia Supreme Court · May 18, 2017

Bowden had failed to produce facts sufficient to establish the special relationship exception. … Va. 592, 597, 383 S.E.2d 774, 779 (1989) (observing that “‘and’ is a conjunctive, and the use of ‘and’ here clearly makes both conditions necessary, not merely either of the two.”). 9 Specifically

Crockett v. Black Wolf C. & C. Co.

75 W. Va. 325 · West Virginia Supreme Court · Dec 15, 1914

Hence, the statute ought not to, and cannot, consistently with the rules of construction, have effect beyond that clearly indicated by its terms. Harrison v. Leach, 4 W. Va. 383 . … That the connection of the wire with the hanger was improper and such as would inevitably throw the trolley pole off the wire is fully established.

Duty v. Walker

180 W. Va. 149 · West Virginia Supreme Court · Nov 28, 1988

There are a number of facts, however, which lead us to conclude that the evidence here was insufficient to establish deliberate intent on the part of the employer. … Accordingly, the appellants were entitled to rely on the statutory immunity against liability for negligent injury.

Costilow v. Elkay Mining Co.

200 W. Va. 131 · West Virginia Supreme Court · Jul 17, 1997

between or among employers and employees regarding the compensation to be received for injury or death to an employee except as herein expressly provided... the immunity established in sections six and six-a [§§ 23-2-6 and … immunity to suit afforded by the Workers' Compensation system.

White v. Haines

217 W. Va. 414 · West Virginia Supreme Court · Jul 7, 2005

Moreover, the named respondents have raised a defense of qualified immunity which is a somewhat nebulous and complex legal theory for even the best litigator to advance or respond to, much less someone who has not been formally … immunity to Mr.

Dillon v. Bd. of Educ. of County of Wyoming

177 W. Va. 145 · West Virginia Supreme Court · Nov 20, 1986

By the same token, the statute clearly contemplates that if one candidate for a teaching position is clearly more qualified, the seniority of another applicant will not be sufficient to justify denying the position to the … In such circumstances, the statute, in effect, establishes a presumption that the applicant with the most seniority is more qualified.

State Ex Rel. C & D Equipment Company v. Gainer

154 W. Va. 83 · West Virginia Supreme Court · Apr 14, 1970

This clearly distinguishes the Turnpike Commission from the Building Commission. … the State and under Section 35, Article VI of the Constitution of this State is immune from suit."