POLICE POWER 37 



nuisance per se cannot be destroyed immediately 

 without the destruction of the person or the ani- 

 mal. Ordinarily these cases are treated in some 

 sort of quarantine. In the case of diseased ani- 

 mals public weal frequently calls for the destruc- 

 tion of the infected individuals, and sometimes 

 this must also include all those that have been 

 exposed to the infection. A tubercular cow is a 

 nuisance, in that she is a danger to other animals, 

 or to the users of her milk. However, she may 

 have a special value for breeding purposes, and 

 her milk may be pasteurized so as to reduce, or 

 remove, danger from that source; and she may be 

 kept so isolated as to not endanger other animals. 

 "While it is generally held that no compensation 

 is due to the owner for the destruction of a nui- 

 sance under police power, in such cases as this the 

 difficulty in destroying the nuisance without also 

 destroying valuable property has caused the estab- 

 lishment of a practice, as a matter of public policy, 

 of rendering some compensation to the owner. 

 Ajoparently this is more a matter of policy than 

 of right. This will be more fully considered in a 

 later section. (§113.) 



One of the powerful weapons for the restraint 

 and prevention of nuisances is found in civil suit. 

 This may be maintained either by the public, or 

 by private individuals. If it be a private nuisance 

 it must be by the parties injured, and a private 

 party may only sue for recovery of damages from 

 the maintenance of a public nuisance when his own 

 property, or person, shall have been especially in- 

 jured.^^ Since it is not to be presumed that a nui- 



25Hoyt V. McLoughlin, 250 

 111. 442, 95 X. E. 464. 



