Document X7NyVNbYQOL1BkOJvdOYw6MMB

229:2. ACTIONS FOR DEATH. [Chap. 229.] 229:2. Damages forDeath by Negligence, etc.; General Provisions. ... 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 recov-ered damages for personal Injuries if.his.deafh 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 dam ages for personal injuries if his death had not resulted, or (51 is responsible for a breach of warranty arising under Article 2 of chanter one "^hundred and six which results in iniurv to a person that causes death. ... shall he liahle in damages in the amount of: (11 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, cape, assistance, society, companionship, comfort, guidance, counsel, and, * advice, of the. decedent -to the persons entitled4o"the damages recovered; (2) the reasonable funeral and burial expenses of the decedent; (3) puni tive 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 operat ing 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 negli gence 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 such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 37 38 229:2A* Repealed, 1958,238, Sec. 2. > 229:2B. ^ Damages for Death of Employee by Negligence, etc., of Employer, etc. Section 2B. Except as otherwise provided in chapter one hundred and 1 fifty-two, if, as the result of the negligence of an employer himself, or 2 30