Kimberly v. Howland

In Kimberly v. Howland, 143 N.C. 398, 55 S.E. 778 (1906), rev'd on other grounds, Johnson, 327 N.C. at 295, 395 S.E.2d at 92, the defendant was negligently blasting rock with dynamite on the outskirts of Asheville, approximately 175 yards from the plaintiff's house. 143 N.C. at 401, 55 S.E. at 779. A piece of rock from one of the blasts crashed through the roof of the pregnant plaintiff's home, and although it did not strike her, it frightened her and she nearly miscarried. Id. at 403, 55 S.E. at 780. The Supreme Court determined that the injury was foreseeable, even though the defendant did not know that the home's inhabitant was pregnant, because "he or his agents knew it was a dwelling-house and that in well-regulated families such conditions occasionally exist." Id. at 402, 55 S.E. at 780. There was no question of contributory negligence.