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JACKSON v. FOWLER

No. 774SC707.

245 S.E.2d 578 (1978)

37 N.C. App. 195

Bobby Dale JACKSON, by his guardian ad litem, Bobby Wayne Jackson v. David Windsor FOWLER.

Court of Appeals of North Carolina.

July 11, 1978.

Attorney(s) appearing for the Case

Doffermyre & Rizzo, P. A. by L. Randolph Doffermyre, III, Dunn, for plaintiff-appellant.

Chambliss, Paderick, Warrick & Johnson, P. A. by Joseph B. Chambliss, Clinton, for defendant-appellee.

WEBB, Judge.

We reverse the judgment of the superior court. The statement of the law applicable to this case has been made many times by the Supreme Court of North Carolina and by this Court. It is as follows:

"... the presence of children on or near a highway is a warning signal to a motorist, who must bear in mind that they have less capacity to shun danger than adults and are prone to act on impulse. Therefore, `the presence of children on or near the...

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