discussion doctrine in Virginia

1938After it had introduced evidence from which the jury could find that it had used due care in the construction, equipment and maintenance of the railway, the burden of proof had not been shifted, but still remained upon the plaintiff to establish the defendant’s negligence upon all the evidence of which the presumption or inference of negligence upon proof of the derailment and injury formed only a part.” Again the question was reviewed in the case of Hines v. Beard, 130 Va. 286 , 107 S. E. 717, 719 , where Judge Burks, speaking of res ipsa loquitur as applied to the injuries of passengers by c

1938After it had introduced evidence from which the jury could find that it had used due care in the construction, equipment and maintenance of the railway, the burden of proof had not been shifted, but still remained upon the plaintiff to establish the defendant’s negligence upon all the evidence of which the presumption or inference of negligence upon proof of the derailment and injury formed only a part.” Again the question was reviewed in the case of Hines v. Beard, 130 Va. 286 , 107 S. E. 717, 719 , where Judge Burks, speaking of res ipsa loquitur as applied to the injuries of passengers by c

2015Lee v. Spoden, 290 Va. 235 (2015).

2008"The decision of a board of zoning appeals is presumed to be correct on appeal to a circuit court; the appealing party bears the burden of showing that the board applied erroneous principles of law or that its decision was plainly wrong and in violation of the purpose and intent of *158 the zoning ordinance." 3 City of Suffolk v. Board of Zoning Appeals, 266 Va. 137 , 142, 580 S.E.2d 796 , 798 (2003).

2008"The decision of a board of zoning appeals is presumed to be correct on appeal to a circuit court; the appealing party bears the burden of showing that the board applied erroneous principles of law or that its decision was plainly wrong and in violation of the purpose and intent of *158 the zoning ordinance." 3 City of Suffolk v. Board of Zoning Appeals, 266 Va. 137 , 142, 580 S.E.2d 796 , 798 (2003).

2002As the Supreme Court has explained, attorney’s fees are a “means of enforcing the performance of a legal duty ... in which the public has an interest.” Eddens v. Eddens, 188 Va. 511, 519 , 50 S.E.2d 397 (1948) (quoting Jensen v. Jensen, 119 Neb. 469 , 229 N.W. 770, 771 (1930)).

2002As the Supreme Court has explained, attorney’s fees are a “means of enforcing the performance of a legal duty ... in which the public has an interest.” Eddens v. Eddens, 188 Va. 511, 519 , 50 S.E.2d 397 (1948) (quoting Jensen v. Jensen, 119 Neb. 469 , 229 N.W. 770, 771 (1930)).

1940For a discussion of the doctrine of the last clear chance, see Virginia Electric & Power Co. v. Whitehurst, Adm’r, Etc., post, page —, 8 S. E. (2d) 296 , decided at this term of court.

1938While not on all fours with the case at bar, the case of Boggs et als. v. Commonwealth, 76 Va. 989 , is illuminating.

1938In Bland v. Warwickshire Corporation, 160 Va. 131, 136 , 168 S. E. 443 , we examined prior decisions of this court declaring the effect of a release of one of two or more ordinary tort-feasors and, without enlarging upon the previous discussion of the rule, held, in effect, that we were bound thereby.

1938In Bland v. Warwickshire Corporation, 160 Va. 131, 136 , 168 S. E. 443 , we examined prior decisions of this court declaring the effect of a release of one of two or more ordinary tort-feasors and, without enlarging upon the previous discussion of the rule, held, in effect, that we were bound thereby.

1935Ry. v. Tomlinson, 116 Va. 153 , 81 S. E. 89, 93 , a derailment case, the court; said: “In order to rebut the presumption of negligence arising from the derailment, the defendant, we do not think was bound to satisfactorily account for the cause of the •accident.

1935Ry. v. Tomlinson, 116 Va. 153 , 81 S. E. 89, 93 , a derailment case, the court; said: “In order to rebut the presumption of negligence arising from the derailment, the defendant, we do not think was bound to satisfactorily account for the cause of the •accident.

1935Co. v. Baker, 150 Va. 647 , 143 S. E. 299, 300 , Mr. Justice Holt, referring to the discussion of the doctrine in Hines v. Beard, 130 Va. 286 , 107 S. E. 717 , says: “But the court asserts in no uncertain terms the now generally approved doctrine that when the defendant endeavors to rebut the presumption of negligence and introduces evidence tending to free itself of the charge of negligence, then the burden of proof resting upon the plaintiff to establish the negligence of the defendant inheres in the case in all its stages.” In Norfolk-So.

1935Co. v. Baker, 150 Va. 647 , 143 S. E. 299, 300 , Mr. Justice Holt, referring to the discussion of the doctrine in Hines v. Beard, 130 Va. 286 , 107 S. E. 717 , says: “But the court asserts in no uncertain terms the now generally approved doctrine that when the defendant endeavors to rebut the presumption of negligence and introduces evidence tending to free itself of the charge of negligence, then the burden of proof resting upon the plaintiff to establish the negligence of the defendant inheres in the case in all its stages.” In Norfolk-So.

1927The court holds first that if a person orders a particular article with which he was familiar, and it was sent to him, he then obtained exactly what he bought, and even if the agent selling it knew the purpose for which the article was intended to be used and assured the purchaser it would effect that purpose, such assurance would be merely the expression of an opinion and not ground for an implied warranty; citing Seitz v. Brewers Refrigerating Machine Co., 141 U. S. 510 , 12 S. Ct. 46 , 35 L.

1927The court holds first that if a person orders a particular article with which he was familiar, and it was sent to him, he then obtained exactly what he bought, and even if the agent selling it knew the purpose for which the article was intended to be used and assured the purchaser it would effect that purpose, such assurance would be merely the expression of an opinion and not ground for an implied warranty; citing Seitz v. Brewers Refrigerating Machine Co., 141 U. S. 510 , 12 S. Ct. 46 , 35 L.