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KELLOGG v. THOMAS

No. 164.

94 S.E.2d 903 (1956)

244 N.C. 722

Howard R. KELLOGG v. I dell Andrews THOMAS and Harry Thomas.

Supreme Court of North Carolina.

November 7, 1956.

Attorney(s) appearing for the Case

Hogue & Hogue and Elbert A. Brown, Wilmington, for plaintiff-appellant.

McClelland & Burney, Wilmington, for defendants-appellees.

PARKER, Justice.

Plaintiff's case is not that of an ordinary pedestrian crossing a highway, nor that of a workman actually at work on the road with warning signs displayed in the road for his protection. Plaintiff was a workman crossing the road under the protection of signs placed in the center of the highway 50 feet from each end of the work being done, bearing the words "Men Working" and "Slow, 15 Miles an Hour," and under conditions in the protected area of 14...

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