38 ESSENTIALS OF VETERINARY LAW 



sance will be permitted to continue if it be possible 

 to abate it by expenditure of labor and money, tlie 

 measure of damages will be such damages as have 

 already occurred.^*^ In a suit for damages resulting 

 from the nuisance from maintenance of a stable, 

 the court held that the measure of damages is the 

 reduction in the value of the plaintiff's property, 

 plus compensation for the plaintiff's discomfort, 

 and not the depreciation in the value of the plain- 

 tiff's property.^'^ 



23. City Must Not Commit Nuisance. A city 

 has no right to commit a nuisance, such as the pol- 

 lution of a stream to such a degree that it injures 

 the lower riparian owners. This offense is most 

 often committed by the discharge of crude sewage 

 into natural waters. ''A municipal corporation 

 has no more right to injure the waters of a stream 

 or the premises of an individual by the discharge 

 of sewage into the stream than a natural person, 

 and incurs the same liability by so doing.-^ This 

 does not mean that the city has no right to empty 

 sewage into a stream, but that it must not commit 

 nuisance by so doing. The sewage may be so 

 treated that in the place of making a nuisance it 

 will tend to remove the nuisance already existing 

 in the stream.^^ The fact that a city has been 

 discharging its sewers into a stream does not give 

 it a right so to do. The city may have grown 

 from a little village, and while the water of the 



26 Southern Ky. Co. v. Poet- 151 N. C. 415, 66 S. E. 337; 

 ker, 46 Ind. App. 295, 91 N. E. State Bd. of Health v. Green- 

 610. ville, 98 N. E. 1019, 86 Ohio 1. 



27 Porges V. Jaoobs (Ore.), 20 Atty. Gen '1 v. Birming- 

 147 Pac. 396. ham, Tame and Kea Dr. Dis. 



28 Little V. Town of Lenoir, L. K. C. D. (1910), 1 Ch. 48. 



