§ 46-18-4. Scope of damages appraised.
The jury shall appraise the damages which the plaintiff shall have sustained by the matters set forth in his or her complaint, from the time of his or her ownership of the premises injured up to the date of the action, if the defendant has been so long for that time the owner of the milldam or pond; if not, then from the time the ownership of the defendant commenced up to the date of the plaintiff’s action, or until the defendant ceased to be owner.
History of Section.G.L. 1896, ch. 122, § 4; G.L. 1909, ch. 148, § 4; G.L. 1923, ch. 178, § 4; G.L. 1938, ch. 636, § 4; G.L. 1956, § 46-18-4.
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.