Kellogg V. Thomas

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 men working, of the ditching machine in operation making a loud noise, and of dirt thrown from the ditching machine covering a good 6 feet of the 16 feet width of the hard surfaced portion of the highway.