Della Posta v. Rand Express Freight Lines, Inc.

This is an action of trespass on the case for li'bel and slander which was tried to a jury in the superior court and resulted in a verdict of guilty on the count in slander, and not guilty on the count in libel. Thereafter the defendant duly filed a motion for a new trial which was heard by the trial justice, but before a decision could be rendered he died. Thereupon another justice denied the motion pro forma and the defendant excepted to such decision. The case is here on its bill of exceptions containing that exception and eleven others which were taken during the trial.

Since the plaintiff…