In an action for the recovery of specific personal property, if the property has not been delivered to the claimant and the jury find that the claimant is entitled to its recovery, or if the property is not in the possession of the respondent, and by answer the respondent claims a return thereof, and the verdict is in the respondent's favor, the jury shall assess the value of the property and the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention, or taking and withholding, of such property. When the verdict is in favor of the party having possession of the property its value shall not be found.
History:(9307) RL s 4181; 1979 c 18 s 11; 1986 c 444