reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 224 - Arrest on Mesne Process and Supplementary Proceedings in Civil Actions › Section 30 - Adjournments; Attendance of Witnesses

Section 30. In any proceeding under this chapter the court may adjourn the case from time to time, and shall have the same powers relative to all other incidents thereto as other courts have in civil actions; and witnesses duly summoned shall attend as required in civil cases.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 1 - Actions in Personam

Section 1. A personal action shall not be maintained against a person not an inhabitant of the commonwealth unless he or his agent appointed under section five or five A has been served with process in the commonwealth, or unless service has been made upon him outside the commonwealth, as authorized by chapter two hundred and twenty-three A, or unless an effectual attachment of his property within the commonwealth has been made upon a writ of attachment, and in case of such attachment without such service, the judgment shall be valid only to secure the application of the property so attached to the satisfaction of the judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 2 - Counterclaims

Section 2. If an action is brought by a person not an inhabitant of the commonwealth or who cannot be found herein to be served with process, he shall be held to answer to any counterclaim brought against him by the defendant or defendants, if there be more than one, in the former action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 5 - Agents for Service of Process; Duty to Appoint by Certain Individuals; Penalty

Section 5. Every individual not an inhabitant of the commonwealth and every partnership composed of persons not such inhabitants, having a usual place of business in the commonwealth, temporarily or permanently, or engaged here, temporarily or permanently, and with or without a usual place of business here, in the construction, erection, alteration or repair of a building, bridge, railroad, railway, or structure of any kind, shall, before doing business in the commonwealth, appoint in writing a person who is a citizen and resident thereof to be his or its true and lawful attorney upon whom all lawful processes against such individual or partnership may be served with like effect as if served on such person or partnership; and said writing or power of attorney shall contain an agreement on the part of the maker that the service of any lawful process on said attorney shall be of the same force and validity as service on such individual or partnership. The power of attorney shall be filed in the office of the state secretary, and copies certified by him shall be taken as sufficient evidence thereof. Such agency shall be continued so long as such individual or partnership does business as aforesaid in commonwealth, and the power of attorney shall not be revoked until a similar power is given to another citizen and resident of the commonwealth and filed as aforesaid. If such individual or partnership fails to appoint an agent and does business in this commonwealth, service of process, in duplicate, may be made upon the state secretary. The secretary shall, upon a payment of a fee of five dollars by the plaintiff, give notice to the defendant of said action by mailing by registered mail, return receipt requested, a copy of the legal process to the defendant's last known address which shall be furnished to the secretary by the plaintiff or his attorney.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 5a - Appointment of City or Town Clerk as Agent for Service of Process by Certain Non-Residents; Certificate; Notice of Action; Filing

Section 5A. Except as provided in section five, every non-resident doing business in the commonwealth shall file a certificate with the clerk of each city or town where he does business, setting forth his full name, address and place of business and the trade name under which he does business, and also a statement whereby he appoints the clerk of each such city or town, or his successor in office, his true and lawful agent upon whom all lawful processes may be served in any action arising out of such business in this commonwealth. If such person fails to appoint an agent and does business in this commonwealth, service of process may be made upon the clerk of any city or town where such business is conducted. When legal process against any such person is served upon such clerk, a copy of such process shall forthwith be sent by registered mail with a return receipt requested by the plaintiff to the defendant at his last known address. The plaintiff's affidavit of compliance herewith, and the defendant's return receipt, if received by the plaintiff, or other proof of actual notice shall be filed in the case on or before the date on which the defendant's answer must be filed, or within such further time as the court may allow.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 6 - Attachment of Realty; Dismissal of Action Upon Failure of Notice

Section 6. If real property of a non-resident is attached and no personal service is made upon him, the action shall be dismissed unless notice thereof is given, in such manner as the court orders, within one year after the commencement of the action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 7 - Notice

Section 7. If a defendant in a civil action is absent from the commonwealth or his residence is unknown to the officer serving the summons and complaint, and no personal service has been made on him or his agent appointed under section five, or if the service of process is defective or insufficient by reason of a mistake of the plaintiff or officer as to where or with whom the summons or copy ought to have been left, the court, upon suggestion thereof by the plaintiff, shall order the action to be continued until notice of the action is given in such manner as it may order. If the property of an absent defendant has been attached and the residence of such defendant is known to the plaintiff and no legal service can be made upon him within the commonwealth, except by publication, the court may order personal service to be made on him in such manner as it may direct and, upon proof that service has been so made, such defendant shall be held to answer to the action. If the defendant does not appear, the court may order the action continued and further notice given to him in such manner as it may direct.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 8 - Default

Section 8. If, after such notice, the defendant does not appear within twenty-one days after the day specified therefor, a default shall be entered and judgment rendered against him as provided in section one.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 9 - Bond

Section 9. If judgment in a personal action is rendered under the preceding section upon the default of a defendant who is absent from the commonwealth or whose residence is unknown, the plaintiff shall not take out execution thereon within one year thereafter, unless he files with the clerk of the court a bond payable to the defendant with one or more sureties, approved by the clerk or, upon appeal from his decision as to the sufficiency of the sureties, by a justice of the court rendering the judgment, in a sum equal to double the amount recovered, conditioned to repay the amount so recovered if the judgment is reversed, or so much of the amount as shall be recovered upon a proceeding for relief from judgment brought by the original defendant within one year after the original judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 11 - Execution Levied on Land

Section 11. If the execution in an action under this chapter, except as otherwise provided, is levied on land, no alienation thereof by the original plaintiff shall prevent the defendant from retaking the same or as much thereof as may be necessary to satisfy the judgment or order he recovers upon a proceeding for relief from judgment commenced within one year after the original judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 12 - Judgment in Real Actions

Section 12. If the original judgment was for seisin of the land demanded in a real action, the writ of seisin may be issued in favor of the plaintiff without his giving bond; and if the judgment is reversed in whole or in part upon a review or other proceeding, whether sued out or commenced within the year or afterward, the original defendant may have restitution of the land.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 13 - Tort Actions

Section 13. An action of tort against several defendants, any one of whom is absent from the commonwealth at the time of the service of process, shall be conducted with regard to him relative to the service of process, judgment, review thereof and execution as if he were the sole defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 14 - Contract Actions

Section 14. An action of contract against several defendants, any one of whom is in the commonwealth and any other of whom is absent, in which the plaintiff recovers judgment shall not be subject to the provisions of this chapter relative to review, giving bond and alienation of land; but judgment shall not be rendered against any such absent defendant, unless under such circumstances as would entitle the plaintiff to judgment if the absent party were the sole defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 15 - Prosecution Against Persons Served; New Action

Section 15. An action of contract against several defendants in which legal service is not made upon all, either by attachment or otherwise, by reason of their absence from the commonwealth or for other sufficient cause, may be prosecuted against those who are duly served with process, without further proceedings against the others. If judgment so rendered against one or more of several joint contractors remains unsatisfied, an action on the same contract may be maintained against any of the other joint contractors in like manner as if the contract had been joint and several.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 16 - Real Actions; Absence of One of Several Defendants

Section 16. Real actions against several defendants, any one of whom is absent from the commonwealth, shall be conducted relative to him as if he were the sole defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title II - Actions and Proceedings Therein › Chapter 227 - Proceedings Against Absent Defendants and Upon Insufficient Service › Section 17 - Mixed Actions

Section 17. The provisions of this chapter relative to judgment, bond and review in actions of tort shall apply to a mixed action if the defendant or one of several defendants is absent from the commonwealth, but, as to the service of process and notice to the defendant, it shall be conducted as a real action.
2023 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 1 - Enumeration

Section 1. In addition to the actions which survive by the common law, the following shall survive:—
(1) Actions under chapter two hundred and forty-seven;
(2) Actions of tort (a) for assault, battery, imprisonment or other damage to the person; (b) for consequential damages arising out of injury to the person and consisting of expenses incurred by a husband, wife, parent or guardian for medical, nursing, hospital or surgical services in connection with or on account of such injury; (c) for goods taken or carried away or converted; or (d) for damage to real or personal property; and
(3) Actions against sheriffs for the misconduct or negligence of themselves or their deputies.
2023 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 2 - Death of Party in Suit Against Officer

Section 2. An action of replevin or tort by or against an officer for personal property attached by him and claimed or taken by another person shall not be abated by the death of any party, but may be prosecuted by or against his executor or administrator.
2023 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 3 - Judgment for or Against Executor or Administrator of Officer

Section 3. If judgment in such case is rendered for the executor or administrator of the officer, the property or money recovered shall be disposed of in the same manner as it ought to have been by the officer if he had recovered the same; but if judgment is rendered against such executor or administrator, the property shall be returned or delivered or the damages recovered shall be paid in full by him, if there is sufficient property therefor, although the estate of the deceased is insolvent.
2023 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 4 - Death of Sole Plaintiff or Defendant

Section 4. In a personal action the cause of which survives, if there is only one plaintiff or one defendant and he dies after the commencement of the action and before final judgment, the action may proceed and be prosecuted by or against his executor or administrator, and if the action, or an appeal therein, has not been entered prior to his death, it may be entered thereafter.
2023 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 4a - Substitution of Executor or Administrator

Section 4A. In civil actions which are governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure, in such substitution of the executor or administrator shall be in accordance with said rules.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 2 - Torts; Amount of Damages

Section 2. If an action of tort is commenced or prosecuted against the executor or administrator of the person originally liable, the plaintiff shall recover only the value of the goods taken, or the damage actually sustained, without vindictive or exemplary damages, or damages for any alleged outrage to the feelings of the injured party.
2023 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 3 - Recovery of Goods or Damages for Benefit of Another

Section 3. If the executor or administrator of a trustee, carrier, depositary or other person who claimed only a special property in goods which he held for the use and benefit of another recovers such goods, or damages for the taking or detention thereof, the goods or money recovered shall not be assets in his hands, but shall, after the deduction of the costs and expenses of the action, be delivered or paid to the person for whose use and benefit they were so held or claimed by the deceased.
2023 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 4 - Accounting for Property Returned Pursuant to Judgment

Section 4. If judgment for a return of property is rendered in a civil action against an executor or administrator, the property returned by him shall not be assets in his hands; and if it has been included in the inventory, he shall be allowed therefor in his account if he shows that it has been returned in pursuance of such judgment.
2023 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 5 - Refusal to Enforce Claim; Action by Heir, Legatee or Creditor

Section 5. It shall be unnecessary to remove an executor or administrator in order that an action to enforce a claim in favor of the estate may be brought by an administrator to be appointed in his place, when he refuses to bring such action at the request of an heir, legatee or creditor, or is unable to do so by reason of his interest or otherwise, but an heir, legatee or creditor having an interest in the enforcement of any such claim may bring a civil action to enforce it for the benefit of the estate in like circumstances and in like manner as a person beneficially interested in a trust fund may bring an action to enforce a claim in favor of such fund, and in case of such action in respect to real estate, it shall not be an obstacle to the action that a license to sell it has not been obtained by the executor or administrator.
2023 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 6 - Writs of Attachment and Executions

Section 6. Writs of attachment and executions against executors or administrators for debts due from the testator or intestate shall run only against the goods and estate of the deceased in their hands, and not against their bodies, goods or estate.
2023 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 7 - Attachments; Permission of Probate Court Required

Section 7. The real and personal property of a deceased person shall not be attached on mesne process in an action upon a debt due from, or upon a claim against, the deceased, except upon the permission of the probate court for the county where the executor or administrator of the deceased person was appointed. This section shall not apply to actions brought under section twenty-nine of chapter one hundred and ninety-seven.
2023 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 8 - Costs

Section 8. If a judgment for costs is rendered against an executor or administrator in an action commenced by or against him, or in an action commenced by or against the testator or intestate, wherein the executor or administrator has appeared and taken upon himself the prosecution or defence, he shall be personally liable for the costs, and execution shall be awarded against his body, goods and estate, as if it were for his own debt. Costs paid by him shall be allowed in his account unless the probate court determines that the action was prosecuted or defended without reasonable cause.
2023 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 9 - Damages and Costs; Separate Executions

Section 9. If the judgment is for damages and costs, an execution for the damages shall be awarded against the goods and estate of the deceased in the hands of the executor or administrator, and another execution for costs against the goods, estate and body of the executor or administrator, as if for his own debt.
2023 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 10 - Liability of Executor or Administrator for Unsatisfied Judgment

Section 10. Upon the return unsatisfied of an execution upon a judgment rendered in a civil action against an executor or administrator for a debt due from the estate of the deceased, the creditor may, by motion or by action in the court which rendered the original judgment, charge the executor or administrator with waste and seek to hold the executor or administrator personally liable for the amount thereof if it can be ascertained, otherwise for the amount due on the original judgment, with interest from the time when it was rendered, and judgment and execution shall be awarded as for his own debt.
2023 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 11 - Death or Removal of Executor or Administrator; Effect on Pending Action

Section 11. If an executor or administrator dies or is removed from office during the pendency of an action to which he is a party, it may be prosecuted by or against the administrator de bonis non in like manner as if commenced by or against him; and the provisions of the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure and of chapter two hundred and twenty-eight relative to the appearance, substitution or citation of an administrator and relative to dismissal, nonsuit or default shall apply to such administrator de bonis non.