36 ESSENTIALS OF VETERINARY LAW 



the business may be conducted only under certain 

 conditions which preserve for the community such 

 a supervision as to limit the chance of harm re- 

 sulting, as in the dairy and meat producing indus- 

 tries. 



A nuisance per se should be abated. This is 

 frequently accomplished by the destruction of the 

 thing itself; or it may be abated by so altering 

 the conditions, as of manufacture, as to remove the 

 possibility of danger. An unguarded excavation 

 by the side of a public walk, into which passing 

 individuals may fall, is a nuisance.^^ It may be 

 abated either by the erection of a guard, or by 

 filling, but the guard must be a real protection, 

 such as would prevent accident. Summary abate- 

 ment, though often necessary, is not always either 

 permissible or advisable. If the thing destroyed 

 have real value, the officer or other person causing 

 its destruction may be held liable for damages.-^ 

 A stable is not a nuisance per se, and every prop- 

 erty holder has the right to maintain one, even in 

 a city, unless the condition of the particular stable 

 arising through defendant's negligence is such 

 as to render it a nuisance.-^ The fact that the 

 stable is a nuisance does not justify the destruc- 

 tion of the building.2^ 



A person or an animal afflicted with a communi- 

 cable disease is a nuisance in esse. The disease 

 germ is a nuisance per se. Unfortunately this 



21 Town of Newcastle v. 23 Porges v. Jacobs (Ore.), 

 Grubbs, 171 Ind. 482, 86 N. E. 147 Pac. 396. 



757. 24 Miller v. Burch, 32 Tox. 



22 Miller v. Horton, 152 Mass, 208. 

 540; Pearson v. Zehr, 138 



111. 48. 



