§ 46-18-1. Right of owner to continue and improve dam and pond. Whenever any person, either upon his or her own land or upon the land of another with his or her consent, shall have set up any water mill or dam for the purpose of forming a pond to supply water to any mill […]
§ 46-18-10. Execution against mill and dam. Every execution that may issue on any judgment for damages rendered as aforesaid, whether for yearly damages or damages in gross, shall run not only against the goods and chattel and real estate of the defendant, but, if the defendant was owner of the mill at the date […]
§ 46-18-11. Effect of sale on execution — Redemption. Any sale of the mill or milldam and appurtenances thereof made on the execution shall be valid and effectual against the defendant and against all persons whose titles shall accrue after the service of the complaint in the action; but any person entitled to the premises […]
§ 46-18-12. Cessation of yearly damages after removal of dam. Whenever any plaintiff shall elect to receive the yearly damages awarded him or her as aforesaid, and the millowner shall afterwards remove the matter complained of in the action for which the damages were awarded, the plaintiff or the plaintiff’s assigns shall recover the damages […]
§ 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 […]
§ 46-18-14. Sale of cotenant’s interest pending action. If several joint tenants, tenants in common or coparceners be plaintiffs in a suit, and, pending the suit, one or more of them shall sell his or her interest in the premises, alleged to be injured, to one or more of his or her cotenants, the action […]
§ 46-18-15. Death of defendant pending action. If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one […]
§ 46-18-16. Maximum period of detention of natural stream. No person owning any dam on any river or stream of water shall detain the natural stream thereof, at any one time, more than twelve (12) hours out of twenty-four (24) hours, except on Sundays, whenever he or she shall be requested by the owner of […]
§ 46-18-2. Action for damages from dam — Liability of mill and dam for recovery. Any person aggrieved or injured by the following of the pond raised by the dam, or by the stopping or raising of the water either above or below the dam, or by the backing of water under his or her […]
§ 46-18-3. Jury trial of damages. Whenever any plaintiff in any action shall recover a final judgment for damages against the defendant, the question of the amount of the damages shall, unless otherwise agreed by the parties, be tried by a jury on a day to be appointed by the superior court. History of Section.G.L. […]
§ 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 […]
§ 46-18-5. Appraisal of future yearly damages. The jury shall also appraise the damages that the plaintiff ought yearly to receive and recover of the defendant, his or her heirs and assigns, or owners of the dam, from the date of the plaintiff’s action until five (5) years after the dam shall be removed by […]
§ 46-18-6. Appraisal of damages in gross. The jury shall also appraise what sum would be a just and reasonable compensation to the plaintiff for all damages done to the plaintiff by the matters of the complaint set forth in his or her complaint, from the date of his or her action. History of Section.G.L. […]
§ 46-18-7. Election between yearly damages and damages in gross. Upon the return and filing of the verdict, the court to which it is returned shall continue the cause to some day certain when the court shall be in session, not less than four (4) weeks after the date of the verdict, before rendering any […]
§ 46-18-8. Effect of election — Judgment. The election of the plaintiff shall be entered on the records of the court in the case, and shall be forever binding on the plaintiff and defendant and all claiming under them; and the judgment of the court shall follow the election of the plaintiff. History of Section.G.L. […]
§ 46-18-9. Judgment on failure of plaintiff to make election. If the plaintiff shall neglect to make any election within the time and in the manner prescribed in § 46-18-7, the court shall enter up judgment in the plaintiff’s favor for the yearly damages found by the jury; and the judgment so rendered shall bar […]
