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BRISTOW v. SAFWAY STEEL PRODUCTS

No. 9020.

327 F.2d 608 (1964)

John William BRISTOW, Plaintiff, Appellant, v. SAFWAY STEEL PRODUCTS, t/a Safway Steel Scaffolds, Virginia Division of Safway Steel Products, Incorporated, Defendant and Third-Party Plaintiff, Appellee, v. ROBERT M. DUNVILLE AND BROS., INCORPORATED, Third-Party Defendant, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 14, 1964.

Attorney(s) appearing for the Case

William P. Hanson, Richmond, Va., for appellant (Hanson & Hanson, Richmond, Va., on brief).

Jack B. Russell, Richmond, Va., for appellee, Safway Steel Products, etc.

James C. Roberts and Ernest G. Garrett, Jr., Richmond, Va., for appellee, Robert M. Dunville and Bros., Inc. (Browder, Russell & Morris, Tucker, Mays, Moore & Reed, and May, Garrett, Miller, Newman & Compton, Richmond, Va., on brief).

Before SOBELOFF, Chief Judge, BRYAN, Circuit Judge, and THOMSEN, District Judge.

ALBERT V. BRYAN, Circuit Judge:

The Workmen's Compensation Act of Virginia, on acceptance of its provisions, denies an injured employee the right to recover damages which he may have "against any other party" unless the latter is one not "employed in the work" in which the employer of the injured employee is engaged.1 See Doane v. E. I. Du Pont De Nemours & Co., 209 F.2d 921...

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