scintilla doctrine in Virginia

10 Virginia opinions name it 2 courts 1903–2004 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

Case	Followed	Cited
No positive-treatment citations attached to this issue in Virginia.

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Chesapeake & Ohio Railway Co. v. Stock green va · 1905 2 sentences 1938Stock & Sons, 104 Va. 97, 108 , 51 S. E. 161 , 165: “It is true that what is known as the scintilla doctrine, has heretofore prevailed in this State, by force of which courts have been required to give instructions though the evidence by which they were to be supported was such that a verdict founded upon it could not be maintained. 1938Stock & Sons, 104 Va. 97, 108 , 51 S. E. 161 , 165: “It is true that what is known as the scintilla doctrine, has heretofore prevailed in this State, by force of which courts have been required to give instructions though the evidence by which they were to be supported was such that a verdict founded upon it could not be maintained.	3	1916–1938
Carter v. United States green scotus · 2000 2 sentences 2004Carter v. United States, 530 U.S. 255 , 261 n.3 (2000) (quoting Schmuck v. United States, 489 U.S. 705 , 716 n.8 (1989)) (internal quotation marks omitted). 2003Carter v. United States, 530 U.S. 255 , 261 n.3 (2000) (quoting Schmuck v. United States, 489 -7- U.S. 705, 716 n.8 (1989)) (internal quotation marks omitted).	2	2003–2004
Forest View Land Co. v. Atlantic Coast Line Railroad neutral va · 1917 2 sentences 1929Co., 120 Va. 308, 314 , 91 S. E. 202 ); nor is it to be construed as reinstating the scintilla doctrine, formerly prevailing in this State, but rejected by this, court in C. & O. 1919Co., 120 Va. 308, 314 , 91 S. E. 202 ) ; nor is it to be construed as reinstating the scintilla doctrine, formerly prevailing in this State, but rejected by this court in C. & O.	2	1919–1929
Francis v. Tazewell neutral va · 1917 2 sentences 1929Co., 120 Va. 308, 314 , 91 S. E. 202 ); nor is it to be construed as reinstating the scintilla doctrine, formerly prevailing in this State, but rejected by this, court in C. & O. 1919Co., 120 Va. 308, 314 , 91 S. E. 202 ) ; nor is it to be construed as reinstating the scintilla doctrine, formerly prevailing in this State, but rejected by this court in C. & O.	2	1919–1929
Schmuck v. United States green scotus · 1989 1 sentence 2004Carter v. United States, 530 U.S. 255 , 261 n.3 (2000) (quoting Schmuck v. United States, 489 U.S. 705 , 716 n.8 (1989)) (internal quotation marks omitted).	1	2004–2004
Realty Co. of Virginia, Inc. v. Burcum neutral va · 1921 2 sentences 1924Realty Co. v. Burcum, 129 Va. 466 , 106 S. E. 375 . 1924Realty Co. v. Burcum, 129 Va. 466 , 106 S. E. 375 .	1	1924–1924
Small v. Virginia Railway & Power Co. neutral va · 1919 1 sentence 1921It is true that this court said in Small v. Virginia Ry. & P. Co., 125 Va. 421 , 99 S. E. 525 : “We are of opinion that the plaintiff was entitled to an instruction upon his theory of the case.” But the court did not mean to say by this language, that merely because a plaintiff, or, for that matter, a defendant, has a theory of the case, he is thereby entitled to an instruction upon that theory.	1	1921–1921
Farish & Co. v. Reigle green · 1854 1 sentence 1903But where there is such evi dence, of however little weight it may appear to he to the court, or however inadequate in its opinion, to make out the case supposed, it is best and safest for the court not to refuse to give the instruction asked for if it propound the law correctly.” This rule, now spoken of as the “Scintilla doctrine,” has been approved in a great number of cases decided by this court beginning with Farish v. Riegle, 11 Gratt. 697 , 62 Am.	1	1903–1903

Where else courts name it

AL 247 (1923–2024) KY 47 (1909–1974) TX 31 (1916–2023) SC 27 (1931–2014) OH 16 (1905–1962) MS 13 (1939–1994) IA 10 (1903–1976) VA 10 (1903–2004) PA 7 (1888–1962) NJ 3 (1950–1961) GA 3 (1957–1979) OR 2 (1933–1942) MO 2 (1934–1973) TN 2 (1972–1974)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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