Public Utilities and Carriers

Water Supply

SECTION 39-15-8

§ 39-15-8. Jury trial on damages.

Upon the payment of the fees provided in § 39-15-7, the clerk of the superior court shall open the report of the commissioners, and the report may be examined by any person interested in the report. Any person or party aggrieved by any award of damages by the commissioners may claim a jury trial upon any item of damages thereby awarded, and may file his or her claim for the trial at any time within three (3) months from the opening of the report. The claim shall stand for trial by jury upon a proper issue based upon the claim, as other cases upon the docket of the court, and shall be tried in the court in every respect as other cases are there tried, including the right to object to rulings and to move for new trials for cause; and execution may be awarded thereon as in other cases; but if the party claiming the jury trial shall not therein obtain an award for damages more favorable to him or her than that given by the commissioners, he or she shall pay costs to the adverse party.

History of Section.
(G.L. 1896, ch. 123, § 6; C.P.A. 1905, § 1216; G.L. 1909, ch. 149, § 6; G.L. 1923, ch. 179, § 6; G.L. 1938, ch. 637, § 6; G.L. 1956, § 39-15-8.)