Utah Idaho Sugar Co. v. Temmey

Plaintiff sought a declaratory judgment on a single issue, namely, “Was it operating under the Workmen’s Compensation Act on August 13, 1937, the date of defendant employee Umenthum’s injury?” Umenthum maintained the negative of this proposition. The trial court concluded as a matter of law that plaintiff had manifested an election not to operate under the act. It entered judgment however dismissing the action. In reviewing the record we seek to determine whether the entry of such judgment was prejudicial to the plaintiff.

This action was instituted prior to the commencement of another action…