24 ESSENTIALS OF VETERINARY LAW 



against tlie operation of a livery stable.^ A man 

 may bum the refuse upon his place, but if that 

 burning endangers his neighbor's property he may 

 not lawfully so bum it, even though there be no 

 enacted statute or ordinance prohibiting such 

 burning. Such a bonfire would violate this prin- 

 ciple of the common law, and if he persisted in 

 burning his rubbish, and his neighbor's property 

 should be burned, he would be liable in civil dam- 

 ages for the value of the property destroyed, and 

 for other injuries sustained, because he violated 

 this principle. So, if a man has a ^dcious dog, and 

 he permits the dog to run in the street, he is not 

 so using his own property as to protect others 

 from being injured. If a man sells diseased meat 

 for food, and the purchaser should sustain injury 

 therefrom, he would be liable in civil damages. A 

 ma"n must not use his property in such a way that 

 it will work injuiy to his neighbor. 



It will be found that this principle lies at the 

 root of a large proportion of the present discus- 

 sion, though its relation thereto may not always 

 be clearly mentioned. 



14. Police Power Is Above Private Rights. It 

 is evident from the foregoing that the police pow- 

 er of the state, perhaps as represented by the city, 

 is superior to private rights. Under police power 

 property may be seized when it is a danger to the 

 community. Thus it frequently happens that 

 meat may be seized, and even destroyed, without 

 giving to the owner any compensation, even 

 though there may be some value therein, aside 



2 Board of Health v. Tupper, 

 210 Mass. 378, 96 N. E. 109G. 



