158 ESSENTIALS OF VETERINARY LAW 



agree to pay fifty dollars in a section where the 

 ordinary price for such an animal in health would 

 be from $75.00 to $100.00 or more. The flat rate 

 would afford less opportunity for graft. 



There can be no property right in a nuisance 

 per se. Where the nuisance disease has become 

 so closely associated with the tissues of an animal 

 as to be practically inseparable, and where, in con- 

 sequence, the animal has become a danger to the 

 community, the animal itself may be also con- 

 sidered a nuisance per se. When, therefore, the 

 animal becomes infected with anthrax the owner 

 has thereby lost his property right in the animal. 

 If he has no property right, there can be no legal 

 excuse for paying him for his beast. There would 

 be more justice in requiring him to bear the ex- 

 pense of the destruction of the animal, for so long 

 as the animal lives it will be a source of expense, 

 and will expose the owner to liability for damages 

 through spread of the disease. (§§ 112, 211.) 



In a disease like that of cattle affecting the feet 

 and mouth, conditions are very different. An 

 appraisement of such a herd will involve several 

 items. Starting with the original value of the 

 stock before becoming infected, the appraiser 

 should deduct the following items : 



(1) Value of proportion which would probably 



die. 



(2) Cost of care of herd until free from disease 



(plus possible earnings). 



(3) Depreciation in value of stock after the 



disease. 



(4) Possibly, the cost of quarantine supervision. 



(5) In some cases, the amount which the owner 



may recover from the carcasses. 



