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Tedla v. Ellman
Should the doctrine of NPS apply when obeying the statute would go against the intention of the statute? Plaintiff and her brother were walking eastward on a highway, on the right side of the center line. The defendant’s automobile struck both plaintiff and her brother as it passed by. The plaintiff was injured and her brother was killed. A statute provided that ‘pedestrians shall keep to the left of the center line’. However, at the time there was very heavy traffic heading westward, and only a few cars going east.
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