Rhode Island General Laws 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 land, or by the flowing out of any fall of water in his or her land by means of the dam, may commence a civil action, in the superior court for the county in which the dam is, against the owner of the dam or any precedent owner thereof, and a copy of the complaint shall be left by the officer serving the complaint in the office of the town clerk of the town in which the dam is; and the mill and milldam complained of, together with all their appurtenances and the land under and adjoining the mill and milldam, shall thenceforth be pledged and liable for the damages which may be recovered in the action.
History of Section.
G.L. 1896, ch. 122, § 2; G.L. 1909, ch. 148, § 2; G.L. 1923, ch. 178, § 2; G.L. 1938, ch. 636, § 2; G.L. 1956, § 46-18-2.
Terms Used In Rhode Island General Laws 46-18-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9