Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Highway and the related topic of vehicle accidents. For more information on highways see the pages on Wikipedia. 

Highway-Statutes

See Va. Code § 46.2-100 for definition.

2002 Caplan v. Bogard, 264 Va. 219, 563 S.E.2d 719.

Trial court improperly instructed jury that entrance to restaurant parking lot was a highway within the meaning of Va. Code § 46.2-100. Prior decisions of the supreme court dictate that the party seeking to establish that a particular way is a highway has the initial burden of presenting evidence of unrestricted access to the public. A sufficient showing of unrestricted access gives rise to a presumption that the way is a highway.

Highway-Cases

1972 Farrish v. Van Fossen, 212 Va. 815, 188 S.E.2d 201.

Highway refers to any street open to public for vehicular travel.

1968 Carter v. Miley, 209 Va. 206, 163 S.E.2d 151.

Plaintiff’s vehicle struck on left side by defendant’s vehicle while plaintiff making left turn on unmarked highway. Jury question presented as to negligence of defendant.

1964 City of Richmond v. Branch, 205 Va. 424, 137 S.E.2d 882.

Plaintiff drove into pothole. City had notice and violated non-delegable duty to maintain safe streets.

1955 Petcosky v. Bowman, 197 Va. 240, 89 S.E.2d 4.

Plaintiff passenger in car driven by one of defendants injured when car struck by second vehicle on four lane highway recently resurfaced and unmarked. Code section, re: duty not to pass at crest of hill, was applicable as surface was unmarked.

1955 Jessee v. Slate, 196 Va. 1074, 86 S.E.2d 821.

Word highway includes shoulders as well as hard surface of road.

1952 Messick v. Barham, 194 Va. 382, 73 S.E.2d 530.

Street includes both that portion of highway set aside for vehicular traffic and that part set aside for pedestrian traffic, i.e., sidewalk.

1948 Crouse v. Pugh, 188 Va. 156, 49 S.E.2d 421.

Highway includes shoulders.

1946 Chesapeake & O. Ry. v. Pulliam, 185 Va. 908, 41 S.E.2d 54.

Road across railroad tracks was held to be public highway as matter of law.

1946 Virginia Stage Lines v. Spencer, 184 Va. 870, 36 S.E.2d 522.

Traffic laws that make reference to operation of vehicle on highway apply where bus that struck child was partially on highway at time of accident although child was not on highway.