Tort Law

Brien Roche

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 Presumptions-Miscellaneous. For more information on presumptions see the pages on Wikipedia. 

Presumptions-Miscellaneous Cases

1980 Cassady v. Martin, 220 Va. 1093, 266 S.E.2d 104.

Presumption of legitimacy exists as to child born during wedlock. Nonaccess of husband to wife must be proved beyond all reasonable doubt.

1979 Fines v. Kendrick, 219 Va. 1084, 254 S.E.2d 108.

There is presumption in favor of sanity of every man until evidence that he is of unsound mind is introduced.

1952 Hartford Fire Ins. Co. v. Mutual Sav. & Loan Co., 193 Va. 269, 68 S.E.2d 541.

Mailing letter, properly addressed and stamped, raises presumption of its receipt by addressee. Denial of receipt of such letter raises issue of fact to be determined by jury. Jury found that letter had been received; Supreme Court of Appeals was compelled to accept verdict and consider that letter was received.

1951 Tri-State Coach Corp. v. Stidham, 191 Va. 790, 62 S.E.2d 894.

Defendant’s bus struck and killed plaintiff’s minor decedent. Carrier has right to rely upon presumption that parent or person having custody of child of tender years will take care of child, but it is not entitled to act upon that presumption where carrier’s employees who are engaged in operation of its bus know, or in exercise of reasonable care and diligence should know, that such child is or will be exposed to danger or injuries by acts or negligence of carrier’s employees.

1948 Millard v. Cohen, 187 Va. 44, 46 S.E.2d 2.

In absence of evidence to contrary, conclusive presumption is that headlights were burning and brakes were in good order.

1946 Malbon v. Davis, 185 Va. 74, 40 S.E.2d 183.

Presumption is that people deal with each other as grown men and women and this presumption is not destroyed by disparities in age or by ties of blood.

1944 Bly v. Southern Ry., 183 Va. 162, 31 S.E.2d 564.

Presumptions-miscellaneous. They disappear in presence of evidence.