Any matter of justification or excuse should have been specially pleaded. Collier v. Jenks, 19 R.I. 493; Williams v. Hathaway, 20 R.I. 534; Smith v. Wilson, 21 R.I. 327; Silva v. Silva, 27 R.I. 562. Negligence was the gist of the present action. As the injury was direct and not intentional plaintiff could sue either in trespass or on the case.