# Burroughs v. Walmont, Inc.

> Supreme Court of Virginia · June 16, 1969 · 210 Va. 98

URL: https://www.frixlaw.com/law-library/cases/9587896

## Case

- **Full name:** James H. Burroughs v. Walmont, Inc., Et Al.
- **Court:** Supreme Court of Virginia
- **Decided:** June 16, 1969
- **Citations:** 210 Va. 98; 168 S.E.2d 107; 1969 Va. LEXIS 203
- **Precedential status:** Published
- **Opinion:** Dissent by Buchanan
- **Judges:** Gordon, Buchanan
- **Cited by:** 58 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9587896

## How later opinions describe it (automated extraction)

- stating that the defendant was an “other party” if “at the time of the accident,” the plaintiff was not performing work that was part of the defendant’s trade, business or occupation
- holding that, where the relevant business was construction, “the stacking of sheetrock ... constituted the final act of delivery, not an act of construction”
- holding “persons who function solely as suppliers and delivers of goods” are not in the trade, business, or occupation of a construction company

## Opinion text

Buchanan, J.,
dissenting.
1 agree with the trial court that this case is controlled by the Bosher case. Here Lindsey & Waldron contracted to construct houses in Carriage Hill Estates. The houses had to have inside walls, to be made of sheetrock. Lindsey & Waldron contracted with Cherrydale to supply the sheetrock. Burroughs was an employee of the trucking company employed by Cherrydale to deliver the sheetrock to rooms in the houses to be built by Lindsey & Waldron. Burroughs was therefore engaged in a work that was part of the trade, business or occupation of Lindsey & Waldron, and was therefore not “an other party” within the meaning of the Workmen’s Compensation Act.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9587896. Public record. Not legal advice.