§ 46-18-13. Death of plaintiff pending action.
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.
Structure Rhode Island General Laws
Title 46 - Waters and Navigation
Chapter 46-18 - Damages from Milldams
Section 46-18-1. - Right of owner to continue and improve dam and pond.
Section 46-18-2. - Action for damages from dam — Liability of mill and dam for recovery.
Section 46-18-3. - Jury trial of damages.
Section 46-18-4. - Scope of damages appraised.
Section 46-18-5. - Appraisal of future yearly damages.
Section 46-18-6. - Appraisal of damages in gross.
Section 46-18-7. - Election between yearly damages and damages in gross.
Section 46-18-8. - Effect of election — Judgment.
Section 46-18-9. - Judgment on failure of plaintiff to make election.
Section 46-18-10. - Execution against mill and dam.
Section 46-18-11. - Effect of sale on execution — Redemption.
Section 46-18-12. - Cessation of yearly damages after removal of dam.
Section 46-18-13. - Death of plaintiff pending action.
Section 46-18-14. - Sale of cotenant’s interest pending action.
Section 46-18-15. - Death of defendant pending action.
Section 46-18-16. - Maximum period of detention of natural stream.