115 Mass. 346 | Mass. | 1874
The original plaintiff having deceased at the time of the argument of this cause, and the administratrix having now come in, it is first to be determined whether the suit, which is for a libel upon him, has abated by his death. The rule of the common law is that actions of tort for misfeasance or malfeasance do not survive, and if this action does so in this Commonwealth it is by virtue of Gen. Sts. c. 127, § 1.
The Gen. Sts. c. 127, § 1, provide that: “In addition to the action* which survive by the common law, the following shall also survive: actions of replevin, of tort for assault, battery, imprisonment or other damage, to the person; for goods taken and carried away or converted by defendant to his own use; or for damage done to real or personal estate; and actions against sheriffs for malfeasance or nonfeasance of themselves or their deputies.”