Velodrome Co. v. Stengel

The plaintiff is seeking by this motion to obtain a permanent injunction restraining the defendant as sheriff of Erie county from interfering with the conduct of the plaintiff’s business and the operation on Sunday of its entertainments and exhibitions.

The facts set forth in the moving papers are undis*581puted. The defendant is a domestic corporation engaged in the business of conducting exhibitions of motor cycle and bicycle races within an unroofed enclosure, called a “ velodrome,” one-third of which is composed of a- circular wall about forty feet in height. Nothing can be seen from the…