GOVERNMENTAL SERVICES 151 



cial relations of those thus restrained; and that 

 this restriction may work financial injury to cer- 

 tain persons. A health official, acting within his 

 legal authority, is not liable for such injuries re- 

 sulting from reasonable and customary measures 

 as he may, in good faith, adopt or order for that 

 purpose with regard to persons or matters within 

 his jurisdiction.^^ But if it shall be shown that 

 his act has been unreasonable, and not in accord 

 with scientific knowledge, or that he otherwise has 

 exceeded his authority, he may be held in civil 

 damages for such injury as may appear. ^*^ 



111. Destruction of Property. Property de- 

 stroyed under police power requires no compensa- 

 tion according to the common law.^^ (§§15-22) 

 In this it differs from the taking of property under 

 the power of eminent domain. In eminent domain 

 the property is taken for the use of the public. 

 Under police power the property is taken and 

 destroyed because it is harmful, and "the prop- 

 erty itself is the cause of the public detriment." ^^ 

 But it is necessary that the property destroyed 

 be in fact a nuisance, and ex parte condemnations 

 of property are not conclusive.^® 



112. Personal Liability for Infectious Disease. 

 The owner of a flock of sheep infected with scab 



55 Allison V. Cash, 143 Ky. 58 Davidson v. New Orleans, 



679; 21 Cyc. 405; Seavey v. 96 U. S. 97. 



Preble, 64 Mo. 120 ; Whidden 59 Salem v. Eastern E. Co., 



V. Cheever, 69 N. H. 142, 44 98 Mass. 431 ; Shipman v. State 



Atl. 908; Beeks v. Dickinson Live Stock Commrs., 115 Mich. 



Co., 131 Iowa, 244. 488; Lowe v. Conroy, 120 Wis. 



5« Lowe V. Conroy, 120 Wis. 151; Waye v. Thompson, 15 L. 



151, 97 N. W. 942. R. Q. B. D. 342; Miller v. 



67 Frennd, Police Power, 517. Horton, 152 Mass. 540. 



