In all suits for the recovery of damages occasioned by the overflowing of water by the erection of a dam for a grist or saw mill or other waterworks of utility, the plaintiff, if successful, shall be entitled to full costs, unless the plaintiff's damages do not exceed five dollars ($5.00), in which case the plaintiff shall not recover more costs than damages.
Code 1858, § 3404 (deriv. Acts 1794, ch. 1, § 74; 1851-1852, ch. 146, § 1); Shan., § 5159; Code 1932, § 9318; T.C.A. (orig. ed.), § 20-1617.
Cited: O'Neill v. Parks, — S.W.3d —, 2008 Tenn. App. LEXIS 568 (Tenn. Ct. App. Sept. 29, 2008).