Case law

Powell v. Sims

5 W. Va. 1 · West Virginia Supreme Court · Jul 15, 1871

In the deeds to the parties, the boundaries of their respective premises are accurately described by metes and bounds, and the partition line ‘or boundary between them is called for and clearly defined in each of the deeds … Fletcher, and that class of cases, been acquiesced in and followed, while it has been greatly qualified in most of the cases where the question arose, and limited to cases of strong necessity.

Jefferson County Board of Education v. Jefferson County Education Ass'n

183 W. Va. 15 · West Virginia Supreme Court · Apr 12, 1990

Co., supra (establishing strict liability in tort for manufactured products); Harless v. … Francis Hosp., 149 W.Va. 705 , 143 S.E.2d 154 (1965) (abolishing doctrine of charitable immunity in tort cases against hospitals). 14 .

McKenzie v. Carroll International Corp.

216 W. Va. 686 · West Virginia Supreme Court · Nov 12, 2004

McKenzie established a proper foundation for introducing the statements. 12 D. Admission of Hearsay Statements by Byron Read Mr. … The facts developed at trial in this case clearly establish that the handwritten notes of Mr. Read fall squarely under Rule 803(6) as a record of a regularly conducted business activity.

State Ex Rel. United States Fidelity & Guaranty Co. v. Canady

194 W. Va. 431 · West Virginia Supreme Court · Jul 11, 1995

sacred privilege and/or immunity is no privilege and/or immunity at all but a cruel illusion. 8 In short, the attorney-client privilege and the work product exception would be lost forever if the offended party is forced … To add to the confusion, the circuit court’s decision as to the attorney work product immunity is non-existent.

Cobb v. Dunlevie

63 W. Va. 398 · West Virginia Supreme Court · Jan 28, 1908

This fact was established, not only by the oral testimony but by correspondence adduced between plaintiff and defendant, substantially as alleged. … Clearly as to Dunlevie, the clerk was not authorized by sections 2 and 3, chapter 73, Code, to admit the contract to record,s the same not being acknowledged by him or proven by witnesses; and, not having been properly admitted

Lilly v. Stump

217 W. Va. 313 · West Virginia Supreme Court · May 31, 2005

In other words, the findings must be clearly wrong to warrant judicial interference.... … He then states that based upon the evidence of record it cannot be established whether the officer in this case complied with the requirements of W.Va.Code § 17C-5-4 and § 17C-5-7.

Murdock v. Kanawha County Sheriff Office

District Court, S.D. West Virginia · Aug 27, 2021

To determine if an officer is entitled to qualified immunity, the Supreme Court mandated a two-part inquiry. See Saucier v. Katz, 533 U.S. 194, 201 (2001). … Only if the plaintiff has stated a violation of a constitutional right will the court proceed to the second prong, which asks “whether the right in question was ‘clearly established’ at the time of the violation.”

STATE EX REL. ERIE INS. CO. v. Mazzone

625 S.E.2d 355 · West Virginia Supreme Court · Dec 6, 2005

("[I]t would certainly seem that reserve calculations by claims adjusters qualify as work product under Fed.R.Civ.P. 26(b)(3). … Absent such a compelling showing, the attorney's opinion work product should remain immune from discovery."

Culurides v. Ott

78 W. Va. 696 · West Virginia Supreme Court · Sep 26, 1916

The coal company had qualified pursuant to the requirements of the act, and thereby secured itself against actions for injuries inflicted upon its employees in the course of their employment. … Besides, in every- important particular except as to signatures, the application on its face clearly furnished all the data necessary to pass upon the justness of the claim and the persons entitled thereto.

Brown Ex Rel. Brown v. Cabell County Board of Education

605 F. Supp. 2d 788 · District Court, S.D. West Virginia · Mar 30, 2009

Standard of Review “[A] preliminary injunction is an extraordinary remedy, to be granted only if the moving party clearly establishes entitlement to the relief sought.” Manning v. … This speech is “of course, not immunized by the constitutional guarantee of freedom of speech.” Id. The “material disruption” exception to free speech, established by Tinker , is a narrow one.

Benson v. AJR, INC.

215 W. Va. 324 · West Virginia Supreme Court · Jul 8, 2004

More often than not, the issue of whether conduct qualifies as dishonest is determined to be a question best resolved by a jury. See Wilson v. Neuhoff Bros. … The lower court appears to have assumed that upon finding conduct that qualified as dishonest, this case could be resolved solely on legal grounds without requiring the assistance of a jury.

Locke v. Russell

75 W. Va. 602 · West Virginia Supreme Court · Feb 16, 1915

By way of qualifying himself to speak as an expert in the making of gasoline, he said: “I was one of the first in the business, in producing gasoline, and have had practical experience”; and that the method described had … Clearly, therefore, plaintiffs were in no sense entitled to the compensation fixed by the contract for paying gas wells. No such wells were drilled or operated on their lands.

State of West Virginia v. Victor Lee Thompson

West Virginia Supreme Court · Mar 12, 2026

“In order to qualify as an excited utterance under W. Va. R. … In order to qualify as an excited utterance under W. Va. R.

Ocheltree v. McClung

7 W. Va. 232 · West Virginia Supreme Court · Feb 25, 1874

A fee qualified or conditional, or a less estate, is neces *246 sarily implied in a limitation over. … That is settled clearly in Fettiplace v. Gorges. Her power to dispose by will is therefore clear.

In Re: Lilith H., Wyllow H. & Natalie H.

231 W. Va. 170 · West Virginia Supreme Court · Jun 5, 2013

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Young v. Lewis

138 W. Va. 425 · West Virginia Supreme Court · Jun 16, 1953

A decree in that suit was made on the 16th day of January, 1930, decreeing and establishing the priorities of liens against the real estate of Mathew W. … Strib-ling’s will created a base or qualified fee in his heirs, limited after the life estate of Mathew W.

Kathy Ruth Coers v. Franklin D. Phares

West Virginia Supreme Court · Apr 9, 2018

On appeal, petitioner argues that the circuit court erred in finding no authority to reconsider its prior decision dismissing an earlier petition for appeal, in affirming the adoption of a qualified domestic relations order … Finally, we find that petitioner has failed to carry her burden in establishing error in the contempt of court finding. Petitioner fails to offer any argument or authority in support of this ground.

Waldron v. Waldron

73 W. Va. 311 · West Virginia Supreme Court · Dec 2, 1913

Waldron was established, still it could not affect the right of Belle Waldron, the wife, who claimed that she had no knowledge of the contract of tenancy, but that she had all along through the period of the occupancy of … The evidence does not clearly disclose. Nor does it matter.

C & P Telephone Co. v. Public Service Commission

171 W. Va. 708 · West Virginia Supreme Court · Mar 29, 1983

managers, and compete on a nationwide basis for qualified employees.... … This court does not sit as a board of revision with power to review the action of administrative agencies upon grounds unrelated to the maintenance of constitutional immunities. Los Angeles Gas & Electric Corp. v.

State v. Triplett

187 W. Va. 760 · West Virginia Supreme Court · Jul 23, 1992

Michael Hamrick testified that the defendant was driving them around to various establishments and obtaining alcohol for Hamrick, Houck and Goff to consume. … The test results established that it was the victim’s blood and not the defendant’s blood found on various samples taken from the crime scene.