Mass. Gen. Laws » Part III Title II Chapter 230
Massachusetts General Laws

Mass. Gen. Laws ch. 230, § 2 (2026)

Torts; amount of damages

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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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.

Notes of Decisions
Cited in 7 cases, 1925–2014 · leading case: Kraft Power Corp. v. Merrill, 981 N.E.2d 671 (Mass. 2013).
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Kraft Power Corp. v. Merrill, 981 N.E.2d 671 (Mass. 2013). · cites it 2× “” We construe G. L. c. 230, § 2, as indicative of a legislative policy determination that the goals of punitive damages are no longer served when the wrongdoer has died.”
In the Matter of the Est. of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-Appellant, 801 N.W.2d 570 (Iowa 2011). · cites it 2× “1899) (currently codified at Mass. Gen. Laws Ann. ch. 230, § 2 (West, Westlaw through 2011 1st Annual Sess.”
GJD BY GJD v. Johnson, 713 A.2d 1127 (Pa. 1998). · cites it 2× “18-A, § 3-318 (West 1981); Massachusetts, Mass. Gen. Laws Ann. ch. 230, § 2 (West 1974); Mississippi, Miss.”
G.J.D. ex rel. G.J.D. v. Johnson, 713 A.2d 1127 (Pa. 1998). “18-A, § 3-318 (West 1981); Massachusetts, Mass. Gen. Laws Ann. ch. 230, § 2 (West 1974); Mississippi, Miss.”
DeMarco v. Pease, 149 N.E. 208 (Mass. 1925). · cites it 2× “After a suggestion of death, the executors of his will entered their appearance and filed a motion for a new trial, in which they contended that no verdict for death could stand against the executors because damages under the death statute are vindictive and exemplary within the…”
Whetstone v. Binner, 2014-Ohio-3018. “397 , 397–98 (1899) (currently codified at Mass. Gen. Laws Ann. ch. 230, § 2 (West, Westlaw through 2011 1st Annual Sess.”
Somers v. Broderick, 184 N.E. 165 (Mass. 1933). “499 , we held that damages for death are not vindictive under G. L. c. 230, § 2. We can see no sound distinction between such damages and those given by c.”
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