reglab/housing_qa huggingface dataset:
MA Gen L ch 228 § 5 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 5 - Prosecution or Defense of Actions by Executor or Administrator; Citation

Section 5. In civil proceedings which are not governed by said Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure the death shall be suggested on the record, and the executor or administrator may, within such time as the court shall allow, appear and prosecute or defend the action, which shall thenceforth be conducted in the same manner as if it had been originally commenced by or against the same executor or administrator. If the executor or administrator does not voluntarily appear, the surviving party may take out a citation from the court requiring the executor or administrator to appear and take upon himself the prosecution or defense of the action.  Such citation shall be returnable at such time as the court may order and shall be served fourteen days at least before the return day; but it shall not issue after the expiration of one year from the time such executor or administrator has given bond unless in accordance with section five A.
MA Gen L ch 228 § 5a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 5a - Commencement of Action for Order to Executor or Administrator to Appear and Defend Notwithstanding Failure to Take Out Citation Within Time Limit of Preceding Section; Further Orders for Determination on Merits

Section 5A. The plaintiff in a personal action which is not governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure the cause of which survives and who had a right to take out a citation against the executor or administrator of a sole defendant but who did not do so within the time limited in the preceding section may commence a civil action in the supreme judicial or superior court for an order to such executor or administrator to appear in that action and defend the same. The court shall grant such relief if it finds that justice and equity so require and that the plaintiff is not chargeable with excusable neglect.  To effectuate such order the supreme judicial or superior court may further order that any finding, order, judgment or other act therein entered or done, which otherwise would prevent the prosecution of the cause to determination on its merits, be vacated, and upon the filing therein of a copy of the judgment ordering the vacation thereof such finding, order, judgment or other act shall stand vacated, and it may make further orders, all so that said action may proceed to final determination on its merits as though such executor or administrator had been cited in within the time limited by the preceding section.
MA Gen L ch 228 § 5b (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 5b - Failure of Legal Representative to Give Timely Notice of Death to Plaintiff as Ground for Relief Authorized by Sec. 5a

Section 5B. Whenever, upon the trial of a civil action in the supreme judicial or superior court seeking the relief authorized by section five A, it shall be made to appear to the court that the legal representative of the deceased person within nine months of his appointment failed to notify in writing the plaintiff of such death and failed within said nine months duly to suggest such death in such action, such facts may be sufficient ground for granting the relief authorized by said section five A.
MA Gen L ch 228 § 5c (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 5c - Prior Payment or Distribution Unaffected by Relief Authorized by Sec. 5a or Rules of Civil Procedure

Section 5C. Neither the relief authorized by section five A nor any comparable relief authorized by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure nor the final determination of the action in which the representative is substituted shall affect any payment or distribution not concerned with said action which was made before application was made for such relief pursuant to said section five A or pursuant to any applicable rule of the Massachusetts Rules of Civil Procedure.
MA Gen L ch 228 § 6 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 6 - Nonsuit or Default

Section 6. If the executor or administrator does not appear on the return of the citation or within such further time as the court allows, he shall be nonsuited or defaulted and judgment rendered against him in like manner as if the action had been commenced by or against him in his said capacity, except that he shall not be personally liable for costs; but the estate of the deceased in his hands shall be liable for the costs, as well as for the debt or damages recovered.
MA Gen L ch 228 § 7 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 7 - Death of Joint Plaintiff or Defendant

Section 7. If any of several plaintiffs or defendants in a personal action, the cause of which survives, dies before final judgment, the action may be prosecuted by the surviving plaintiff or against the surviving defendant, as the case may be. If all the plaintiffs or defendants die, the action may be prosecuted or defended by or against the executor or administrator of the last surviving plaintiff or defendant, respectively.
MA Gen L ch 228 § 8 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 8 - Prosecution by Devisee or Heir

Section 8. If, in a real or mixed action, the plaintiff dies before final judgment, his heir or devisee of the land demanded or of the right of action may, within such time as the court allows, appear and prosecute the action in the same manner as if commenced by him. If the first estate in possession under a devise is not a fee simple, the devisee of the first freehold estate in possession may appear and prosecute, and the judgment, if in his favor, shall be conformed to his title.
MA Gen L ch 228 § 9 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 9 - Death of One of Several Plaintiffs

Section 9. If any of several plaintiffs in a real or mixed action dies before final judgment, his heir or devisee shall be admitted, upon motion, to prosecute the action with the survivors, in the same manner as if he had been originally a party thereto.
MA Gen L ch 228 § 10 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 10 - Prosecution by Survivor

Section 10. If the interest of the deceased party passes to the surviving plaintiffs, or if there is no motion for the admission of an heir or devisee at the sitting when the death of the deceased party is suggested or within such further time as the court allows, the surviving plaintiffs may prosecute the action for so much of the land in question as they may then claim.
MA Gen L ch 228 § 11 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 11 - Death of Defendant

Section 11. If the defendant in a real or mixed action dies before final judgment, his heir or devisee of the land demanded may, within such time as the court allows, appear and defend the action, which shall be conducted as if commenced against him. If the heir or devisee does not voluntarily appear, the court before whom the action is pending shall, upon the application of the plaintiff, summon such heir or devisee to appear and defend the action. If any of several defendants in such action dies before final judgment, the action may be prosecuted against the surviving defendants for so much of the land as they hold or claim.
MA Gen L ch 228 § 13 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 13 - Insanity of Party During Pendency of Action

Section 13. If, during the pendency of an action or suit, any party becomes insane, it may be prosecuted or defended by his guardian in like manner as if it had been commenced after the appointment of the guardian, or the court may appoint a guardian for the action, as the case may require.
MA Gen L ch 228 § 14 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 228 - Survival of Actions and Death and Disabilities of Parties|Section 14 - Removal, Resignation or Death of Appointed Public Officer or Trustee

Section 14. An action on a note, bond, contract or other liability made to or with any public officer or trustee appointed under a statute may, after his removal, resignation or death, be commenced or, if pending, may be prosecuted by his successor, as it might have been by the person with whom the contract was made.
MA Gen L ch 229 § 1 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 1 - Damages for Death From Defective Ways; Persons Entitled

Section 1. If the life of a person is lost by reason of a defect or a want of repair of or a want of a sufficient railing in or upon a way, causeway or bridge, the county, city, town or person by law obliged to repair the same shall, if it or he had previous reasonable notice of the defect or want of repair or want of railing, be liable in damages not exceeding four thousand dollars, to be assessed with reference to the degree of culpability of the defendant and recovered in an action of tort commenced within two years after the injury causing the death by the executor or administrator of the deceased person, to the use of the following persons and in the following shares:  (1) If the deceased shall have been survived by a wife or husband and no children or issue surviving, then to the use of such surviving spouse.  (2) If the deceased shall have been survived by a wife or husband and by one child or by the issue of one deceased child, then one half to the use of such surviving spouse and one half to the use of such child or his issue by right of representation.  (3) If the deceased shall have been survived by a wife or husband and by more than one child surviving either in person or by issue, then one third to the use of such surviving spouse and two thirds to the use of such surviving children or their issue by right of representation.  (4) If there is no surviving wife or husband, then to the use of the next of kin.
MA Gen L ch 229 § 2 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 2 - Wrongful Death; Damages

Section 2. A person who (1) by his negligence causes the death of a person, or (2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (3) operates a common carrier of passengers and by his negligence causes the death of a passenger, or (4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death, shall be liable in damages in the amount of: (1) the fair monetary value of the decedent to the persons entitled to receive the damages recovered, as provided in section one, including but not limited to compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent to the persons entitled to the damages recovered; (2) the reasonable funeral and burial expenses of the decedent; (3) punitive damages in an amount of not less than five thousand dollars in such case as the decedent's death was caused by the malicious, willful, wanton or reckless conduct of the defendant or by the gross negligence of the defendant; except that (1) the liability of an employer to a person in his employment shall not be governed by this section, (2) a person operating a railroad shall not be liable for negligence in causing the death of a person while walking or being upon such railroad contrary to law or to the reasonable rules and regulations of the carrier and (3) a person operating a street railway or electric railroad shall not be liable for negligence for causing the death of a person while walking or being upon that part of the street railway or electric railroad not within the limits of a highway. A person shall be liable for the negligence or the willful, wanton or reckless act of his agents or servants while engaged in his business to the same extent and subject to the same limits as he would be liable under this section for his own act. Damages under this section shall be recovered in an action of tort by the executor or administrator of the deceased. An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased's executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action, or within such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty.
MA Gen L ch 229 § 2b (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 2b - Damages for Death of Employee by Negligence of Employer, Etc.

Section 2B. Except as otherwise provided in chapter one hundred and fifty-two, if, as the result of the negligence of an employer himself, or of a person for whose negligence an employer is liable under section one of chapter one hundred and fifty-three, an employee is instantly killed, or dies without conscious suffering, the surviving wife or husband of the deceased or, if there is no wife or husband surviving, the next of kin, who, at the time of such death, were dependent upon the wages of the deceased for support, shall have a right of action for damages against the employer. This section shall not apply to injuries caused to domestic servants or farm laborers by fellow employees.
MA Gen L ch 229 § 5a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 5a - Death of Tortfeasor; Effect

Section 5A. The causing of a death under such circumstances as would create liability under section one, two or two B on the part of a person, if alive at the time of such death, shall create a like liability on his part if such death occurs after his own death and such liability may be enforced against the executor or administrator of his estate, subject to all provisions of law otherwise applicable.
MA Gen L ch 229 § 6 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 6 - Conscious Suffering; Recovery of Damages

Section 6. In any civil action brought under section two or five A, damages may be recovered for conscious suffering resulting from the same injury, but any sum so recovered shall be held and disposed of by the executors or administrators as assets of the estate of the deceased.
MA Gen L ch 229 § 6a (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 6a - Insufficiency of Estate to Pay Certain Expenses, etc.; Preferences

Section 6A. All sums recovered under section one, two, two B or five A shall, if and to the extent that the assets of the estate of the deceased shall be insufficient to satisfy the same, be subject to the charges of administration and funeral expenses of said estate, to all medical and hospital expenses necessitated by the injury which caused the death, to reasonable attorneys' fees and reasonable costs and expenses of suit incurred in such recovery.
MA Gen L ch 229 § 6b (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 6b - New Assets

Section 6B. In the event that any sum recovered under section six comes into the hands of the executor or administrator of the deceased after the expiration of one year after the date of the death of the deceased, such sum shall be treated as new assets of the estate of the deceased within the meaning of section eleven of chapter one hundred and ninety-seven.
MA Gen L ch 229 § 6c (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 6c - Amount Recoverable

Section 6C. Except as otherwise provided in chapter one hundred and fifty-two, if a cause of action exists against an employer under section one of chapter one hundred and fifty-three, or because of the negligence of the employer himself, for an injury resulting in death which is not instantaneous or is preceded by conscious suffering, if there is any person who would have been entitled to bring an action under section two B, the legal representatives of the deceased may, in the action under said section one, recover damages both for the injury and for the death, and, if the employer is also liable at common law, may in a separate count in the same action recover damages for conscious suffering resulting from the same injury.
MA Gen L ch 229 § 6d (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 6d - Amendments of Actions Brought Under Wrong Law

Section 6D. If an action is brought under section two B, or if the action is brought by the legal representatives under the preceding section or under section one of chapter one hundred and fifty-three, such action shall not fail by reason of the fact that it should have been brought under the other section, but at any time prior to final judgment may be so amended as to provide against such failure.
MA Gen L ch 229 § 6e (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 6e - Death or Death and Conscious Suffering of Employee; Assessment of Damages; Amount

Section 6E. If under section two B or section six C damages are awarded for death or for injury and death, they shall be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable.  The amount of damages which may be awarded in an action brought under section two B shall not be less than two thousand nor more than twenty thousand dollars.  The amount of damages which may be awarded for injury and death in an action brought under section six C shall be apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled under section two B to bring an action for his death.
MA Gen L ch 229 § 6f (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 6f - Notice of Injury; Laws Applicable

Section 6F. An action under section two B or section six C shall be subject to all the provisions of section six of chapter one hundred and fifty-three relative to notice to the employer of the time, place and cause of injury, and the time within which the action shall be commenced; provided, however, that the time for bringing an action under either of said sections to recover for the death of an employee who dies within two years after the injury which caused the death shall never be less than one year from the date of death, or such period thereafter as is provided by sections four, four B, nine or ten of chapter two hundred and sixty.
MA Gen L ch 229 § 11 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 229 - Actions for Death and Injuries Resulting in Death|Section 11 - Interest

Section 11. In any civil action in which a verdict is given or a finding made for pecuniary damages for the death, with or without conscious suffering, of any person, whether or not such person was in the employment of the defendant against whom the verdict is rendered or finding made, there shall be added by the clerk of the court to the amount of the damages interest thereon at the same rate of interest per annum as provided in section six B of chapter two hundred and thirty-one, from the date of the commencement of the action, even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law.
MA Gen L ch 230 § 1 (2021)
2021 Massachusetts General Laws|Part III - Courts, Judicial Officers and Proceedings in Civil Cases|Title II - Actions and Proceedings Therein|Chapter 230 - Actions by and Against Executors and Administrators|Section 1 - Survival of Actions

Section 1. An action which would have survived if commenced by or against the original party in his lifetime may be commenced and prosecuted by or against his executor or administrator.