Massachusetts General Laws Part I. Administration of the Government (Ch. 1-182) Ch. 158, § 13

If a person who is injured in his person or property by a defect in a highway which is caused by the operations of a company or corporation described in the preceding section in laying down or repairing its pipes or otherwise obstructing such way recovers damages therefor of the town wherein such injury is received, such town shall, if such company or corporation is liable for said damages and has reasonable notice to appear and defend the original action, be entitled to recover of such company or corporation the damages so recovered from it with the taxable costs of both parties in such action.