If the plaintiff in the action shall die pending the action, the plaintiff’s death shall not abate the action, but the plaintiff’s executor or administrator, as in suits which survive, shall come in and prosecute the action, but the jury assessing damages shall assess damages only up to the date of the plaintiff’s action; which damages shall be assets in the hands of the administrator or executor, and not yearly damages or damages in gross, unless the heirs at law or devisees of the deceased shall, in writing or in person, in open court, consent to the appearance of the administrator or executor.

History of Section.
G.L. 1896, ch. 122, § 13; G.L. 1909, ch. 148, § 13; G.L. 1923, ch. 178, § 13; G.L. 1938, ch. 636, § 13; G.L. 1956, § 46-18-13.