Cole v. New England Tree Expert Co.

This is an action of trespass on the case for negligence to recover damages arising through the death of a Guernsey cow, the property of the plaintiff. After verdict for the plaintiff, the case is here on the defendant’s exceptions to the denial of its motions for a directed verdict and for a new trial.

The plaintiff is the owner of a dairy farm including enclosed pasture land on the northerly side of Main street in Pawtuxet. Opposite the farm a winding road leads from the southerly side of Main street to “Jim Smith’s Inn,” so-called, this road being flanked on both sides by trees.

On the…