¶1In view of the decision heretofore made by this court it' will not be necessary in this opinion to examine at length the law applicable to Sunday observance as affecting dealers in tobacco and cigars. It is not contended that they are included in the terms 1: meat, milk or fish,” or “food,” or “drugs, medicine or surgical appliances.” The contention is that these articles come within the exemption of “ necessity ”; but so broad a construction of that word would abrogate the statute. The motions for injunctions are denied, and in' the case where temporary injunctions have been granted they are dissolved.
12 Abb. N. Cas. 458
Anonymous
The Superior Court of New York City
Decided December 15, 1882
The Superior Court of New York City · decided 1882-12-15
Motion to continue an injunction. ■ The plaintiff, among other venders of cigars, sought a permanent injunction restraining the New York Board of Police from arresting Mm and interfering with Ms business and property by reason of a violation of the provisions of the New York Penal Code in selling cigars on the first day of the week, commonly called Sunday.
Decided 1882-12-15