Case law

Harrison v. Miller, Exec.

124 W. Va. 550 · West Virginia Supreme Court · Jun 30, 1942

The record establishes clearly that there was no occasion for defendant to have paid the indebtedness to Emma Miller for she testified that prior to defendant’s payment of the note, she had neither demanded payment thereof … The record establishes the fact that defendant has placed valuable improvements on the land.

West Virginia Division of Corrections and Rehabilitation v. Mike Tencer

West Virginia Supreme Court · Jan 22, 2025

Tencer qualified for Cervical Category IV, allowing for 25-28% WPI, requiring no further adjustment. Regarding apportionment, Dr. Lultschik noted Mr. … The ICA concluded that the Board of Review was not clearly wrong to rely on Dr.

West Virginia Consolidated Public Retirement Board v. Carter

219 W. Va. 392 · West Virginia Supreme Court · Jun 14, 2006

Va.Code § 5 — 10— 1, et seq.)] the Teachers Retirement System (established in W. Va.Code § 18-7A-1, et seq.)] the Teachers Defined Contribution Retirement System (established by W. … Va.Code § 18-7B-1, et seq.)] the West Virginia State Police Death, Disability and Retirement Fund (established by W. Va.Code § 15-2-1, et seq.)] the West Virginia State Police Retirement System (established by W.

Skaff v. West Virginia Human Rights Commission

191 W. Va. 161 · West Virginia Supreme Court · Apr 20, 1994

"The denial of these rights to properly qualified persons by reason of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or familial status is contrary to the principles of freedom and equality … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Quintrell v. Lincoln County Board of Education

195 W. Va. 347 · West Virginia Supreme Court · Nov 17, 1995

The most reasonable way to insure that the most qualified person is found to fill a position is to post a notice of its availability so that all interested and qualified persons may be apprised of it. 179 W.Va. at 205 , 366 … After the five day minimum posting period all vacancies shall be filled within twenty working days from the posting date notice of any job vacancies of established existing or newly created positions.

In Re: M.R.

West Virginia Supreme Court · Sep 21, 2015

These findings shall not be set aside by a reviewing court unless clearly erroneous. … First and foremost, to qualify as plain error, we must find that error has occurred.

Affiliated Construction Trades Foundation v. University of West Virginia Board of Trustees

210 W. Va. 456 · West Virginia Supreme Court · Dec 12, 2001

WVU was clearly engaged in a long-term process of obtaining office space to be used primarily by its employees. … It is one thing to surmise the same; quite another to establish proof of this assumption.

Ramaco Resources, Inc. v. Charles Rollins

West Virginia Supreme Court · Nov 9, 2021

On appeal to this Court, Ramaco argues that the Board of Review committed clear error because a preponderance of the evidence establishes that Mr. … Rollins responds that simply because he suffered a prior fracture to the same body part does not now immunize Ramaco from responsibility in this claim. And Mr.

Bevins v. Blackburn

142 W. Va. 564 · West Virginia Supreme Court · Mar 12, 1957

The defendant possessed all the qualifications required by the constitution and laws to vote and hold office at the time he was elected and qualified as sheriff for Randolph county * * Clearly, the holding is to the effect … that where a candidate for office was duly registered at the time of his election, the striking of his name from the registration list subsequent to the election, though evidence established that the officer was not entitled

Roberts Ex Rel. Roberts v. Gale

149 W. Va. 166 · West Virginia Supreme Court · Dec 15, 1964

This rule has been qualified to permit negligence to be established by lay witnesses in cases where negligence or want of professional skill is so obvious as to dis *173 pense with the need for expert testimony. … Clearly one can not be negligent for the existence of a condition which he did not undertake to treat.

State v. Carduff

142 W. Va. 18 · West Virginia Supreme Court · Jun 26, 1956

disqualified to serve in a criminal case by reason of their prior jury service in the trial of another defendant charged with a similar but independent criminal offense when the same witnesses are used by the prosecution to establish … The ingrafting into the criminal procedure of a novel practice like that here disclosed ought not be permitted, except in the face of a situation clearly showing the bias, prejudice, and lack of impartiality of the juror.

State ex rel. West Virginia Citizen Action Group v. Tomblin

227 W. Va. 687 · West Virginia Supreme Court · Jan 18, 2011

Code § 3-10-2, the Legislature established the procedure to be followed regarding the holding of a new or special election for governor. … The procedure established in the second paragraph of W.

State v. Pendry

159 W. Va. 738 · West Virginia Supreme Court · Jul 20, 1976

As to the defense of insanity, it is the clearly established rule in this State that the defendant is required to establish his insanity by a preponderance of the evidence. State v. Myers, supra; State v. … Mullaney in no way requires any departure in this State from that well-defined and clearly established rule. The separate opinion of Mr.

Ritz v. Kingdon

79 S.E.2d 123 · West Virginia Supreme Court · Dec 18, 1953

Ritz was mentally competent to make a will at the time he executed the instrument dated July 10, 1950, is also clearly established by the evidence. … As his mental capacity to make a will at the time he executed the instrument dated July 10, 1950, is clearly established he had the right freely to dispose of his property in any way he wished to dispose of it regardless

State v. Wilson

157 W. Va. 1036 · West Virginia Supreme Court · Aug 1, 1974

Hoke, 76 W.Va. 36 , 84 S.E. 1054 that: “It is within the judicial discretion of the trial court to permit a witness for the state, who is familiar .with the facts on which the prosecuting attorney relies to establish the … It would appear that the limitation of such evidence was clearly within the discretion of the trial court. 3A Wigmore, Evidence § 894 (Chadbourne rev. 1970).

Rose v. Oneida Coal Co., Inc.

180 W. Va. 182 · West Virginia Supreme Court · Dec 13, 1988

Wilpen Coal Co., 134 W.Va. 387 , 59 S.E.2d 655 (1950): The well recognized and firmly established rule is that when a landowner has conveyed the minerals underlying the surface of his land, he retains the right to the support … of the surface in its natural state unless it clearly appears, by express words or by necessary implication, that he has released, waived, or qualified his right to such support.

Ellison v. Doe

215 W. Va. 517 · West Virginia Supreme Court · Jun 18, 2004

“The ‘but for’ test is satisfied and the uninsured motorist claim can go forward only if the injured insured presents independent third-party testimony by disinterested individuals which clearly shows the negligence of an … Foutty’s statement does not qualify as sufficient corroborative evidence worthy to establish that another vehicle was a proximate cause of the accident. The circuit court correctly found that Ms.

State ex rel. Dodrell v. Payne

87 W. Va. 306 · West Virginia Supreme Court · Oct 21, 1920

Eavenson was elected one of the three commissioners of the county court of McDowell Cou-nty for a term of six years beginning January 1, ,1917, and duly qualified to discharge and did discharge the duties of the office until … Clearly this is untenable since the committee, by formal action taken when calling the convention, authorized and empowered its chairman to ratify and confirm the action of the convention, thus making the candidate so se-

Liston v. University of West Virginia Board of Trustees Ex Rel. West Virginia University

190 W. Va. 410 · West Virginia Supreme Court · Dec 13, 1993

Clearly, however, this assertion overlooks the value of Ms. Johnson’s expert testimony. *413 In Adkins v. … established and the damages assigned by the jury for the plaintiff’s loss of enjoyment of life-were itemized and specified in the jury verdict form.

Mildred L.M. v. John O.F.

192 W. Va. 345 · West Virginia Supreme Court · Dec 8, 1994

Based on the foregoing, we find that the evidence clearly preponderates against the verdict in this case. Syllabus Point 5 of Estate of Bayliss by Bowles v. … Inculpatory HLA blood-tissue test evidence is not admissible absent a proper foundation establishing that the proper testing procedures were employed and that the expert witness who interprets the test results is qualified