KERNS, J.
This is an appeal on questions of law from a judgment of the Court of Common Pleas of Shelby County.
The plaintiff's petition, which explains the nature of the controversy, provides in pertinent part as follows:
"That the defendant, Pence Drag Strip, Inc., owns and operates a race track on which automobile race drivers enter into competition with each other for monetary prizes, and at which races spectators pay an admission fee to the defendant...
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