Morgan v. Price

107 Citing cases

  1. State ex Rel. Evans v. Robinson

    197 W. Va. 482 (W. Va. 1996)   Cited 8 times
    Applying Morgan

    Error will not be presumed, all presumptions being in favor of the correctness of the judgment." Syllabus point 5, Morgan v. Price, 151 W. Va. 158, 150 S.E.2d 897 (1966).' Syl. pt. 1, M.W. Kellogg Co. v. Concrete Accessories Corp., 157 W. Va. 763, 204 S.E.2d 61 (1974).

  2. State v. Prudnick

    No. 22-775 (W. Va. Sep. 24, 2024)

    As we have previously held, "[i]t is not error to refuse to give an instruction to the jury, though it states a correct and applicable principle of law, if the principle stated in the instruction refused is adequately covered by another instruction or other instructions given." Syl. Pt. 8, in part, State v. Hoard, 248 W.Va. 428, 889 S.E.2d 1 (2023) (quoting Syl. Pt. 3, Morgan v. Price, 151 W.Va. 158, 150 S.E.2d 897 (1966)). Based on the foregoing, we conclude that the instructions given by the court adequately covered the content of the petitioner's proffered instructions, and the court did not err in refusing to give the petitioner's instructions.

  3. State v. Delorenzo

    No. 21-0456 (W. Va. Nov. 17, 2022)

    Error will not be presumed, all presumptions being in favor of the correctness of the judgment.' Syllabus Point 5, Morgan v. Price, 151 W.Va. 158, 150 S.E.2d 897 (1966)." Syllabus point 2, In re Visitation of L.M., 245 W.Va. 328, 859 S.E.2d 271 (2021).

  4. State v. Farley

    230 W. Va. 193 (W. Va. 2012)   Cited 12 times
    Permitting warrantless entry into home when officers were given information that implicated defendant in an armed robbery; after announcing themselves at defendant's home, officers heard "rapid footsteps ... through the house" and it was reasonable to believe defendant may have been armed and dangerous

    Error will not be presumed, all presumptions being in favor of the correctness of the judgment.’ Syllabus Point 5, Morgan v. Price, 151 W.Va. 158, 150 S.E.2d 897 (1966).” Syllabus Point 2, WV Dept. of Health & Human Resources Employees Federal Credit Union v. Tennant, 215 W.Va. 387, 599 S.E.2d 810 (2004).

  5. State v. Myers

    229 W. Va. 238 (W. Va. 2012)   Cited 38 times
    Rejecting double jeopardy argument and affirming three robbery sentences for a single incident that involved three victims

    Error will not be presumed, all presumptions being in favor of the correctness of the judgment.’ Syllabus Point 5, Morgan v. Price, 151 W.Va. 158, 150 S.E.2d 897 (1966).” Syllabus Point 2, WV Dept. of Health & Human Resources Employees Federal Credit Union v. Tennant, 215 W.Va. 387, 599 S.E.2d 810 (2004).

  6. State v. Surber

    228 W. Va. 621 (W. Va. 2012)   Cited 4 times

    Error will not be presumed, all presumptions being in favor of the correctness of the judgment.’ Syllabus Point 5, Morgan v. Price, 151 W.Va. 158, 150 S.E.2d 897 (1966).” Syllabus Point 2, WV Dept. of Health & Human Resources Employees Fed. Credit Union v. Tennant, 215 W.Va. 387, 599 S.E.2d 810 (2004).

  7. Lee v. Lee

    228 W. Va. 483 (W. Va. 2011)   Cited 12 times
    Stating that "ambiguous terms should be construed against the party who drafted the document"

    Error will not be presumed, all presumptions being in favor of the correctness of the judgment. Syl. pt. 5, Morgan v. Price, 151 W.Va. 158, 150 S.E.2d 897 (1966) (emphasis added). Accord Syl. pt. 4, Alexander v. Jennings, 150 W.Va. 629, 149 S.E.2d 213 (1966) (“ ‘An Appellate Court will not reverse the judgment of an inferior court unless error affirmatively appear upon the face of the record, and such error will not be presumed, all the presumptions being in favor of the correctness of the judgment.

  8. Benson v. AJR, Inc.

    226 W. Va. 165 (W. Va. 2010)   Cited 5 times
    Finding that "the jury’s finding of [employee’s] material breach does not automatically relieve [employer] of its obligation to pay damages"

    Error will not be presumed, all presumptions being in favor of the correctness of the judgment. Syl. pt. 5, Morgan v. Price, 151 W. Va. 158, 150 S.E.2d 897 (1966). Accord Syl. pt. 2, Perdue v. Coiner, 156 W. Va. 467, 194 S.E.2d 657 (1973) ("On an appeal to this Court the appellant bears the burden of showing that there was error in the proceedings below resulting in the judgment of which he complains, all presumptions being in favor of the correctness of the proceedings and judgment in and of the trial court.

  9. Durm v. Heck's, Inc.

    184 W. Va. 562 (W. Va. 1991)   Cited 59 times   1 Legal Analyses
    Holding that the absence of language in an order indicating that there is not just reason for delay pursuant to Rule 54(b) of the West Virginia Rules of Civil Procedure does not bar appeal of the order so long as this Court can determine that the circuit court's ruling "approximates a final order in its nature and effect"

    Appellant cites several cases for her theory that Foodland had a duty to use reasonable care to see that its premises were safe for the use of business invitees. See id., 176 W. Va. at 747, 349 S.E.2d at 914; Cowan v. One Hour Valet, Inc., 151 W. Va. 941, 951-54, 157 S.E.2d 843, 848-50 (1967); Morgan v. Price, 151 W. Va. 158, 163-64, 150 S.E.2d 897, 901 (1966). Not one of the cases cited by appellant supports her position that Foodland's duty to keep its premises safe for the use of business invitees extended to the sidewalks adjacent to its facility.

  10. West Va. Dept. of Highways v. Buckley

    260 S.E.2d 826 (W. Va. 1979)   Cited 4 times

    "It is not error to refuse to give an instruction to the jury, though it states a correct and applicable principle of law, if the principle stated in the instruction refused is adequately covered by another instruction or other instructions given." Syl. pt. 3, Morgan v. Price, 151 W. Va. 158, 150 S.E.2d 897 (1966). Appellant also contends it was error for the court to refuse to give his Instruction No. 3, which would have told the jury that the presence, quantity and value of sand and gravel may be taken into consideration in ascertaining the value of land in condemnation proceedings.