GOVERNMENTAL SERVICES 133 



existence of bad faith may aggravate it. Every- 

 one must be sure of his legal right when he invades 

 the possession of another."^ 



Because a municipality is not liable for the 

 acts of its representatives in preser\dng the pub- 

 lic health, and because an excess on the part of 

 the official exposes him to personal liability, it 

 has even been held that where the officer has been 

 actuated by worthy motives, and has acted for 

 the common good, as he saw it, if he shall have 

 exceeded his authority, and shall have been 

 assessed damages, he must pay those damages 

 personally, and the municipality may not law- 

 fully reimburse him.^ 



97. Officer with Discretion Cannot Be Coerced. 

 A duty which is coupled with discretion implies 

 the free exercise of judgment.^*' Such an officer, 

 therefore, cannot lawfully be coerced in making his 

 decision, nor to act contrary to his opinion when 

 formed. The courts cannot force such an officer 

 to take a certain line of action." If, under the 

 stress of fear, or intimidation, such an officer 

 should adopt a certain line of action he must bear 

 the responsibility of such action. If his act be 

 shown to be without the scope of his authority, or 

 contrary to the provisions of law, he may be held 

 personally liable for injuries resulting from his 



8 Cubit V. O'Dett, 51 Mich. 98; Eobinson v. Eohr, 73 Wis. 

 347 (per Cooley, J.). 436. 



9 Kempster v. Milwaukee, 79 lo Public Health, 271, 274. 

 N. W. 743, 97 Wis. 343; Law- n Seymour v. U. S., 2 App. 

 rence v. McAlvin, 109 Mass. D. C. 240. 



311; Uren v. Walsh, 57 Wis. 



