Case law

State Ex Rel. Patrick v. COUNTY COURT OF HANCOCK CO.

165 S.E.2d 822 · West Virginia Supreme Court · Feb 4, 1969

The election returns and the poll books clearly show that Carole A. … This procedure in such case was clearly stated in State ex rel. Simon v.

Motto v. CSX TRANSPORTATION, INC.

220 W. Va. 412 · West Virginia Supreme Court · Jun 29, 2007

According to DEP, the State may set forth the parameters of any suit against it based upon sovereign immunity principles. … We are persuaded by the reasoning of those courts deeming such notice to be jurisdictional in light of principles of sovereign immunity.

McGraw v. American Tobacco Co.

224 W. Va. 211 · West Virginia Supreme Court · Jun 22, 2009

The MSA’s Arbitration Clause, Section XI(c), clearly and unambiguously requires arbitration of this dispute in two separate ways. … The standard for obtaining relief from a circuit court order by means of a writ of prohibition is well established. In syllabus point one of Hinkle v.

San Francisco v. Wendy's International, Inc.

221 W. Va. 734 · West Virginia Supreme Court · Dec 19, 2007

unless it clearly appears that its discretion has been abused.”) … [W]e have stated clearly that a broad range of knowledge, skills, and training qualify an expert as such, and rejected any notion of imposing overly rigorous requirements of expertise.”

Clark v. Gruber

74 W. Va. 533 · West Virginia Supreme Court · Jun 16, 1914

Va. 138 , it said that recovery cannot be had in such cases, unless there is proof of $n express contract, or the facts and circumstances sustained by a preponderance of the testimony clearly establish an expectation or intention … These and other pertinent facts established by the evidence, we think, clearly show intent and expectation of Gruber to pay, and of plaintiff to be paid, as provided by the will, and for which provision was so made therein

State Ex Rel. MacQueen v. City of Dunbar

167 W. Va. 91 · West Virginia Supreme Court · Jun 2, 1981

plan or ordinance is clearly set forth in W.Va. … City of Chicago, 408 I11. 91, 96 N.E.2d 499, 504 (1951) in which the court established the right of the municipality to amend a *96 zoning ordinance and the circumstances under which such power should be exercised when they

Handy v. Smith

30 W. Va. 195 · West Virginia Supreme Court · Sep 23, 1887

did not sooner qualify. … It continued t® run up *198 to the time of bringing this suit; and, as that was more than 10 years, after the return-day of the last execution issued on the plaintiffs’ judgment, it was- clearly barred.

Guardian Fiberglass, Inc. v. Ryan Moore

West Virginia Supreme Court · Feb 26, 2016

Moore then filed an application for workers’ compensation benefits alleging that he experienced problems with his nasal cavities, chest, and immune systems due to exposure to mold at work. Mr. … It found that the record established that Mr. Moore was exposed to black mold at his workplace and developed nasal and respiratory symptoms due to his exposure.

Brooks v. Isinghood

213 W. Va. 675 · West Virginia Supreme Court · Jun 27, 2003

one or more of the statutory exceptions in W.Va.Code, 29-12A-5(b) [1986] to employee immunity is present. … The district court *689 later dismissed the university, finding it was constitutionally immune.

State Ex Rel. Printing-Litho, Inc. v. Wilson

147 W. Va. 415 · West Virginia Supreme Court · Dec 4, 1962

They cannot say a clearly responsible man is irresponsible, or that a bidder has not complied with conditions, when he obviously has. … The foregoing clearly established facts do not indicate inability or lack of qualification of the petitioner to perform the contract which it requests with a resultant saving of $51,266.70 to the State and its taxpayers.

Mason Cty. Bd. of Ed. v. State Supt. of Sch.

274 S.E.2d 435 · West Virginia Supreme Court · Jan 26, 1981

Despite the labels given to the appellant's conduct here, the charges against him were clearly with the purview of § 5300(6)(a) matters. In failing to follow the procedures established by § 5300(6)(a) the Board erred. … The answer is clearly yes.

John P.W. Ex Rel. Adam W. v. Dawn D.O.

214 W. Va. 702 · West Virginia Supreme Court · Dec 4, 2003

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo. … Those persons qualifying as family or household members are defined in West Virginia Code § 48-27-204 (Supp.2003). 13 .

Williams v. Moss

114 W. Va. 488 · West Virginia Supreme Court · Dec 16, 1933

Taylor in the kitchen of her home in the presence of one other person, a qualified but not entirely disinterested witness, who testifies that upon signing the note and re-delivering it to E. R. … On the other hand, the appellees contend that the competent proof introduced by them at the hearing is more than sufficient to overcome all presumptions of consideration, and to establish by a clear preponderance of the evidence

Maplewood Community, Inc. v. Craig

216 W. Va. 273 · West Virginia Supreme Court · Dec 23, 2004

Consequently, only when the use of property for charitable purposes qualifies as primary, direct, and immediate will such use come within the charitable purpose exemption; those uses that are secondary and remote clearly … We are also mindful that exemption of plaintiffs property could financially benefit to a degree the residents of its fine establishment, and we are deeply sympathetic.

Arden J. Curry, II v. W. Va. Consolidated Public Retirement Board

236 W. Va. 188 · West Virginia Supreme Court · Oct 7, 2015

“The clear intention of the Legislature in enacting Article 10, Chapter 5 of the Code was to establish a permanent 4 This Court has held that “‘where the disjunctive “or” is used, it ordinarily connotes … Conclusion The record clearly reflects that the Petitioner never worked more than approximately three hundred hours in any one year.

State Ex Rel. Riffle v. City of Clarksburg

152 W. Va. 317 · West Virginia Supreme Court · Jul 9, 1968

The statute clearly requires that the protest petition be “filed with the municipal authority within fifteen days after the expiration of such publishing * * That language is clear, unambiguous and imperative. … It is well settled that language of a statute which is clear and unambiguous is not subject to construction or interpretation, but must be applied according to the intent clearly expressed therein.

Mitchell v. Virginian Railway Co.

116 W. Va. 739 · West Virginia Supreme Court · Dec 14, 1935

Although this instruction is lacking in simplicity and *744 clarity, we do not believe that it should be considered as a basis for reversible error, in view of a number of instructions granted on behalf of the defendant clearly … rains are so unprecedented, and the flood caused thereby so extraordinary, that they are in legal contemplation the act of God, one obstructing a natural watercourse will not be held liable, it must appear, in order to give immunity

Hanlon v. Logan County Board of Education

201 W. Va. 305 · West Virginia Supreme Court · Nov 20, 1997

Having established the applicable standard of review, we apply these procedures to our evaluation of Hanlon’s contentions. B. … Rather, Murphy qualified for the coaching assignment without having to resort *314 to these particular provisions.

Sedgmer v. McElroy Coal Co.

220 W. Va. 66 · West Virginia Supreme Court · Dec 12, 2006

This enactment included the aforesaid grant of immunity for employers in good standing from civil suit by injured employees. … I dissent because the majority opinion answered a question that was clearly a question of fact designated for trial by a jury.

Thomas v. Jones

105 W. Va. 46 · West Virginia Supreme Court · Jan 24, 1928

Suppose one person assaults his co-partner, is the wrongdoer immune from liability because they were engaged at the time of the assault in the partnership business? … The leaving out of these qualifying words was criticised in State v. Green, 101 W. Va. 703, and in State v. Lee, 103 W. Va. 631 , 138 S. E. 323 .