granting instruction in Virginia

2024See, e.g., Goodson v. Capehart, 232 Va. 232, 236 (1986) (finding a deed ambiguous because its “preamble appears to express an intention to create a life estate with a remainder over, and a granting clause which purports to convey a fee simple absolute”).

2014Goodson v. Capehart, 232 Va. 232, 236 , 349 S.E.2d 130, 133 (1986). 6 That rule applies with particular force to exceptions in a deed that are repugnant to the granting clause.

2001Russell v. Commonwealth, 216 Va. 833, 836-37 , 223 S.E.2d 877, 879 (1976).

2001Russell v. Commonwealth, 216 Va. 833, 836-37 , 223 S.E.2d 877, 879 (1976).

1982See Terry v. Fagan, 209 Va. 642 , 166 S.E.2d 254 (1969); White v. Hunt, 209 Va. 11 , 161 S.E.2d 809 (1968); Cook v. Basnight, 207 Va. 491 , 151 S.E.2d 408 (1966); Shelton v. Mullins, 207 Va. 17 , 147 S.E.2d 754 (1966); Beasley v. Bosschermuller, 206 Va. 360 , 143 S.E.2d 881 (1965). [Emphasis supplied.] In Bunn, a wrongful death action growing out of a collision between an automobile and a train, we concluded that the record was devoid of any evidence of certain factors enunciated in the statute: condition of the brakes and dry pavement, free from loose material.

1982See Terry v. Fagan, 209 Va. 642 , 166 S.E.2d 254 (1969); White v. Hunt, 209 Va. 11 , 161 S.E.2d 809 (1968); Cook v. Basnight, 207 Va. 491 , 151 S.E.2d 408 (1966); Shelton v. Mullins, 207 Va. 17 , 147 S.E.2d 754 (1966); Beasley v. Bosschermuller, 206 Va. 360 , 143 S.E.2d 881 (1965). [Emphasis supplied.] In Bunn, a wrongful death action growing out of a collision between an automobile and a train, we concluded that the record was devoid of any evidence of certain factors enunciated in the statute: condition of the brakes and dry pavement, free from loose material.

1982See Terry v. Fagan, 209 Va. 642 , 166 S.E.2d 254 (1969); White v. Hunt, 209 Va. 11 , 161 S.E.2d 809 (1968); Cook v. Basnight, 207 Va. 491 , 151 S.E.2d 408 (1966); Shelton v. Mullins, 207 Va. 17 , 147 S.E.2d 754 (1966); Beasley v. Bosschermuller, 206 Va. 360 , 143 S.E.2d 881 (1965). [Emphasis supplied.] In Bunn, a wrongful death action growing out of a collision between an automobile and a train, we concluded that the record was devoid of any evidence of certain factors enunciated in the statute: condition of the brakes and dry pavement, free from loose material.

1982See Terry v. Fagan, 209 Va. 642 , 166 S.E.2d 254 (1969); White v. Hunt, 209 Va. 11 , 161 S.E.2d 809 (1968); Cook v. Basnight, 207 Va. 491 , 151 S.E.2d 408 (1966); Shelton v. Mullins, 207 Va. 17 , 147 S.E.2d 754 (1966); Beasley v. Bosschermuller, 206 Va. 360 , 143 S.E.2d 881 (1965). [Emphasis supplied.] In Bunn, a wrongful death action growing out of a collision between an automobile and a train, we concluded that the record was devoid of any evidence of certain factors enunciated in the statute: condition of the brakes and dry pavement, free from loose material.

1982See Terry v. Fagan, 209 Va. 642 , 166 S.E.2d 254 (1969); White v. Hunt, 209 Va. 11 , 161 S.E.2d 809 (1968); Cook v. Basnight, 207 Va. 491 , 151 S.E.2d 408 (1966); Shelton v. Mullins, 207 Va. 17 , 147 S.E.2d 754 (1966); Beasley v. Bosschermuller, 206 Va. 360 , 143 S.E.2d 881 (1965). [Emphasis supplied.] In Bunn, a wrongful death action growing out of a collision between an automobile and a train, we concluded that the record was devoid of any evidence of certain factors enunciated in the statute: condition of the brakes and dry pavement, free from loose material.

1982See Terry v. Fagan, 209 Va. 642 , 166 S.E.2d 254 (1969); White v. Hunt, 209 Va. 11 , 161 S.E.2d 809 (1968); Cook v. Basnight, 207 Va. 491 , 151 S.E.2d 408 (1966); Shelton v. Mullins, 207 Va. 17 , 147 S.E.2d 754 (1966); Beasley v. Bosschermuller, 206 Va. 360 , 143 S.E.2d 881 (1965). [Emphasis supplied.] In Bunn, a wrongful death action growing out of a collision between an automobile and a train, we concluded that the record was devoid of any evidence of certain factors enunciated in the statute: condition of the brakes and dry pavement, free from loose material.

2008See Clay, 262 Va. at 261 , 546 S.E.2d at 732 .

2008See Clay, 262 Va. at 261 , 546 S.E.2d at 732 .

2014"An exception in a deed is always to be taken most favorably for the grantee, and if it be not set down and described with certainty, the grantee shall have the benefit of the defect." Bradley v. Virginia Railway & Power Co., 118 Va. 233, 238 , 87 S.E. 721, 723 (1916) (citation and internal quotation marks omitted).

2014"An exception in a deed is always to be taken most favorably for the grantee, and if it be not set down and described with certainty, the grantee shall have the benefit of the defect." Bradley v. Virginia Railway & Power Co., 118 Va. 233, 238 , 87 S.E. 721, 723 (1916) (citation and internal quotation marks omitted).

2010See, e.g., Thompson v. Commonwealth, 193 Va. 704, 717 , 70 S.E.2d 284, 292 (1952).

2010See, e.g., Thompson v. Commonwealth, 193 Va. 704, 717 , 70 S.E.2d 284, 292 (1952).

2006See Virginia & West Va. Coal Co. v. Charles, 251 F. 83 (1917).

2004This Court affirmed the trial court’s action because there was no evidence to support the granting of an instruction on the theory of contributory negligence, id. at 451 , 44 S.E.2d at 37, and any implication to be drawn from the citation to foreign authority on the issue of the availability of contributory fault as a defense was therefore, at most, dicta. 3 Violations of the child labor laws are also not subject to the defense of contributory negligence because children under the age of 14 are presumed incapable of contributory negligence, Virginia Electric and Power Co. v. Dungee, 258 Va. 23

2004This Court affirmed the trial court’s action because there was no evidence to support the granting of an instruction on the theory of contributory negligence, id. at 451 , 44 S.E.2d at 37, and any implication to be drawn from the citation to foreign authority on the issue of the availability of contributory fault as a defense was therefore, at most, dicta. 3 Violations of the child labor laws are also not subject to the defense of contributory negligence because children under the age of 14 are presumed incapable of contributory negligence, Virginia Electric and Power Co. v. Dungee, 258 Va. 23

2004This Court affirmed the trial court’s action because there was no evidence to support the granting of an instruction on the theory of contributory negligence, id. at 451 , 44 S.E.2d at 37, and any implication to be drawn from the citation to foreign authority on the issue of the availability of contributory fault as a defense was therefore, at most, dicta. 3 Violations of the child labor laws are also not subject to the defense of contributory negligence because children under the age of 14 are presumed incapable of contributory negligence, Virginia Electric and Power Co. v. Dungee, 258 Va. 23

1998"A reviewing court's responsibility in reviewing jury instructions is 'to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.'" Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)).

1998"A reviewing court's responsibility in reviewing jury instructions is 'to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.'" Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)).

1998"A reviewing court's responsibility in reviewing jury instructions is 'to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.'" Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)).

1998"A reviewing court's responsibility in reviewing jury instructions is 'to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.'" Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)).

1986For this reason, the Commonwealth tendered and was granted as Instruction No. 24A an excusable homicide instruction as authorized by Perricllia v. Commonwealth, 229 Va. 85, 93 , 326 S.E.2d 679, 685 (1985). [3] Considering all of the evidence in this case, we find no error in the granting of this instruction.

1986For this reason, the Commonwealth tendered and was granted as Instruction No. 24A an excusable homicide instruction as authorized by Perricllia v. Commonwealth, 229 Va. 85, 93 , 326 S.E.2d 679, 685 (1985). [3] Considering all of the evidence in this case, we find no error in the granting of this instruction.

1986The Supreme Court of North Carolina points out that the granting clause is the “heart of a deed,” which is “naturally looked to to see what was intended to be conveyed.” Griffin v. Springer, 244 N.C. 95, 98 , 92 S.E.2d 682, 685 (1956) (citing Artis v. Artis, 228 N.C. 754 , 760, 47 S.E.2d 228, 232 (1948)).

1986The Supreme Court of North Carolina points out that the granting clause is the “heart of a deed,” which is “naturally looked to to see what was intended to be conveyed.” Griffin v. Springer, 244 N.C. 95, 98 , 92 S.E.2d 682, 685 (1956) (citing Artis v. Artis, 228 N.C. 754 , 760, 47 S.E.2d 228, 232 (1948)).

1986The Supreme Court of North Carolina points out that the granting clause is the “heart of a deed,” which is “naturally looked to to see what was intended to be conveyed.” Griffin v. Springer, 244 N.C. 95, 98 , 92 S.E.2d 682, 685 (1956) (citing Artis v. Artis, 228 N.C. 754 , 760, 47 S.E.2d 228, 232 (1948)).

1986The Supreme Court of North Carolina points out that the granting clause is the “heart of a deed,” which is “naturally looked to to see what was intended to be conveyed.” Griffin v. Springer, 244 N.C. 95, 98 , 92 S.E.2d 682, 685 (1956) (citing Artis v. Artis, 228 N.C. 754 , 760, 47 S.E.2d 228, 232 (1948)).

1986Compare Camp v. Camp, 220 Va. 595, 598 , 260 S.E.2d 243, 245 (1979), where there was an internal conflict between two parts of the granting clause.

1986Compare Camp v. Camp, 220 Va. 595, 598 , 260 S.E.2d 243, 245 (1979), where there was an internal conflict between two parts of the granting clause.

1982Co., 217 Va. 45, 51 , 225 S.E.2d 375, 379 (1976), we held: We have repeatedly discouraged the granting of an instruction on the tables of speed and stopping distances unless it is clearly supported by the evidence.

1982Co., 217 Va. 45, 51 , 225 S.E.2d 375, 379 (1976), we held: We have repeatedly discouraged the granting of an instruction on the tables of speed and stopping distances unless it is clearly supported by the evidence.

1975While we do not hold that the granting of this instruction constitutes reversible error, we observe that the first paragraph of the instruction is similar to instructions found in Green v. Green's Ex’rs, 150 Va. 452, 462 , 143 S. E. 683, 686 (1928), and in Wallen v. Wallen, 107 Va. 131, 134 , 57 S.E. 596, 599 (1907), but without other language incorporated in the instructions from which it was patterned.

1975While we do not hold that the granting of this instruction constitutes reversible error, we observe that the first paragraph of the instruction is similar to instructions found in Green v. Green's Ex’rs, 150 Va. 452, 462 , 143 S. E. 683, 686 (1928), and in Wallen v. Wallen, 107 Va. 131, 134 , 57 S.E. 596, 599 (1907), but without other language incorporated in the instructions from which it was patterned.

1975While we do not hold that the granting of this instruction constitutes reversible error, we observe that the first paragraph of the instruction is similar to instructions found in Green v. Green's Ex’rs, 150 Va. 452, 462 , 143 S. E. 683, 686 (1928), and in Wallen v. Wallen, 107 Va. 131, 134 , 57 S.E. 596, 599 (1907), but without other language incorporated in the instructions from which it was patterned.

1975While we do not hold that the granting of this instruction constitutes reversible error, we observe that the first paragraph of the instruction is similar to instructions found in Green v. Green's Ex’rs, 150 Va. 452, 462 , 143 S. E. 683, 686 (1928), and in Wallen v. Wallen, 107 Va. 131, 134 , 57 S.E. 596, 599 (1907), but without other language incorporated in the instructions from which it was patterned.

1968Co. v. Marpole, 97 Va. 594, 599 , 34 S. E. 462, 464 (1899), we considered an instruction which had been granted by the trial court and which had been objected to because “it allowed the jury, without special proof, in fixing the plaintiff’s damages, to take into consideration his mental suffering.” We held that there was no error in the granting of the instruction and cited with approval the holding in the case of Brown v. The Hannibal & St.

1968Co. v. Marpole, 97 Va. 594, 599 , 34 S. E. 462, 464 (1899), we considered an instruction which had been granted by the trial court and which had been objected to because “it allowed the jury, without special proof, in fixing the plaintiff’s damages, to take into consideration his mental suffering.” We held that there was no error in the granting of the instruction and cited with approval the holding in the case of Brown v. The Hannibal & St.