correctness instruction in Virginia

1877See also Bogle, Somerville & Co. v. Sullivant, 1 Call. 487; Crabtree v. Horton, 4 Munf. 59 .

1877See also Bogle, Somerville & Co. v. Sullivant, 1 Call. 487; Crabtree v. Horton, 4 Munf. 59 .

1972Appellant concedes the correctness of the standard of care that applies to a police officer for in his brief will be found the following language: “In Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 , an action by Officer Scogin. pursuing a speeding motorist when involved in an accident and hurt, the Court stated at page 173: “ ‘The legislature requires the driver of an authorized emergency vehicle to drive with due regard for the safety of all persons . . .

1972Appellant concedes the correctness of the standard of care that applies to a police officer for in his brief will be found the following language: “In Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 , an action by Officer Scogin. pursuing a speeding motorist when involved in an accident and hurt, the Court stated at page 173: “ ‘The legislature requires the driver of an authorized emergency vehicle to drive with due regard for the safety of all persons . . .

1965It was said that “the test ... as to the correctness of the instruction complained of ... is whether or not there was any theory, either presumptive or otherwise, which warranted the trial court in giving this instruction to the jury.” See also Roark v. Commonwealth, 182 Va. 244, 252 , 28 S. E. 2d 693 .

1965It was said that “the test ... as to the correctness of the instruction complained of ... is whether or not there was any theory, either presumptive or otherwise, which warranted the trial court in giving this instruction to the jury.” See also Roark v. Commonwealth, 182 Va. 244, 252 , 28 S. E. 2d 693 .

1959At the instance of the plaintiff the court gave Instruction No. 4, as follows: "The court instructs the jury that under the influence of intoxicants means as follows: `Any person who has drunk enough alcoholic beverages to so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation, shall be deemed to be intoxicated.' "The court further instructs the jury that unless you believe from the evidence that Gordon Bates had drunk enough alcoholic beverages to so affect his manner, disposition, speech, muscular movement, general appea

1959At the instance of the plaintiff the court gave Instruction No. 4, as follows: "The court instructs the jury that under the influence of intoxicants means as follows: `Any person who has drunk enough alcoholic beverages to so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation, shall be deemed to be intoxicated.' "The court further instructs the jury that unless you believe from the evidence that Gordon Bates had drunk enough alcoholic beverages to so affect his manner, disposition, speech, muscular movement, general appea

1948Upon examination of the above references, it is appropriate to sáy that they all recognize the correctness of the principle applied by the trial court in the case at bar and are not in conflict with the decisions of Davis v. Merrill, supra, and Myers & Co. v. Lewis, supra. From a factual standpoint, Tri-State relies upon the two cases of Georgia Power Co. v. Shipp, 195 Ga. 446 , 24 S. E. (2d) 764 , and Wood v. Southeastern Greyhound Lines, 302 Ky. 110 , 194 S. W. (2d) 81 .

1948Upon examination of the above references, it is appropriate to sáy that they all recognize the correctness of the principle applied by the trial court in the case at bar and are not in conflict with the decisions of Davis v. Merrill, supra, and Myers & Co. v. Lewis, supra. From a factual standpoint, Tri-State relies upon the two cases of Georgia Power Co. v. Shipp, 195 Ga. 446 , 24 S. E. (2d) 764 , and Wood v. Southeastern Greyhound Lines, 302 Ky. 110 , 194 S. W. (2d) 81 .

1948Upon examination of the above references, it is appropriate to sáy that they all recognize the correctness of the principle applied by the trial court in the case at bar and are not in conflict with the decisions of Davis v. Merrill, supra, and Myers & Co. v. Lewis, supra. From a factual standpoint, Tri-State relies upon the two cases of Georgia Power Co. v. Shipp, 195 Ga. 446 , 24 S. E. (2d) 764 , and Wood v. Southeastern Greyhound Lines, 302 Ky. 110 , 194 S. W. (2d) 81 .

1948Upon examination of the above references, it is appropriate to sáy that they all recognize the correctness of the principle applied by the trial court in the case at bar and are not in conflict with the decisions of Davis v. Merrill, supra, and Myers & Co. v. Lewis, supra. From a factual standpoint, Tri-State relies upon the two cases of Georgia Power Co. v. Shipp, 195 Ga. 446 , 24 S. E. (2d) 764 , and Wood v. Southeastern Greyhound Lines, 302 Ky. 110 , 194 S. W. (2d) 81 .

1932In Whitehurst v. Dey, 90 N. C. 542 , it was held, in the absence of any statute similar to section 5813 or section 5406, that an executor’s simple admission of the correctness of a claim against the estate and a verbal promise to pay it from the assets of the estate will not arrest the running of the statute of limitations, where there is no proof that the creditor refrained from suing at the request of the executor, or that the executor agreed not to plead the statute.

1924“Where a homicide is committed under such circumstances, without any previous grudge, even if the killing be not done in self-defense, it has also been long settled that the test of whether the killing is from the sudden heat of passion aforesaid is found in the nature and degree of the provocation and the manner in which it is resented.” Read’s Case, supra. [3] As to the nature and degree of the provocation, where it is in fact resented, it is only where the killing is “without any, or upon very slight, provocation that malice may be inferred from the mere fact of the killing, and that the sl

1924The test, however, as to the correctness of the instruction complained of, in the instant case, is whether or not there was any theory, either presumptive or otherwise, which warranted 'the trial court in giving this instruction to the jury. [2] As said by Sims, J., in the case of Richardson v. Commonwealth, 128 Va. 695 , 696, 104 S. E. 790 , “It has been long settled that where a homicide is committed in the course of a sudden quarrel, or mutual combat, or upon sudden provocation and without any previous grudge, and the killing is from the sudden heat of passion growing solely out of the quar

1924The test, however, as to the correctness of the instruction complained of, in the instant case, is whether or not there was any theory, either presumptive or otherwise, which warranted 'the trial court in giving this instruction to the jury. [2] As said by Sims, J., in the case of Richardson v. Commonwealth, 128 Va. 695 , 696, 104 S. E. 790 , “It has been long settled that where a homicide is committed in the course of a sudden quarrel, or mutual combat, or upon sudden provocation and without any previous grudge, and the killing is from the sudden heat of passion growing solely out of the quar

1924Of these decisions it is sufficient to say that an examination of them discloses that they all recognize the correctness of the test applied in Myers v. Lewis, supra ( 121 Va. 50 , 92 S. E. 988 ), and none of them is in conflict with that- case in their holding touching the principle involved. 2.

1924Of these decisions it is sufficient to say that an examination of them discloses that they all recognize the correctness of the test applied in Myers v. Lewis, supra ( 121 Va. 50 , 92 S. E. 988 ), and none of them is in conflict with that- case in their holding touching the principle involved. 2.

1922The case of Bankers' Loan Co. v. Spindle, 108 Va. 426 , 62 S. E. 266 , relied on for the plaintiffs, is not at all in conflict with this holding, but expressly recognizes the correctness of the doctrine just stated.

1922The case of Bankers' Loan Co. v. Spindle, 108 Va. 426 , 62 S. E. 266 , relied on for the plaintiffs, is not at all in conflict with this holding, but expressly recognizes the correctness of the doctrine just stated.

1919Thus interpreted, there can be no doubt of the correctness of the instruction as a legal proposition applicable to this case. 1 Shear. & Red. on Neg., sec. 59; Richmond, etc., Co. v. Hudgins, 100 Va. 409, 413-417 , 41 S. E. 736 .

1919Thus interpreted, there can be no doubt of the correctness of the instruction as a legal proposition applicable to this case. 1 Shear. & Red. on Neg., sec. 59; Richmond, etc., Co. v. Hudgins, 100 Va. 409, 413-417 , 41 S. E. 736 .

1892Va. 777 , the court, speaking by Johnson, president, said : “ The correctness of the rule thus laid down having been called in question, we elaborately reviewed the American decisions in Danks v. Rodeheaver, and demonstrated that the same rule had been almost universally adopted in the other states.” The rule, however, as explained by Judge Snyder in Congrove v. Burdett, 28 W.