36 ESSENTIALS OF VETERINARY LAW 
the business may be conducted only under certain 
conditions which preserve for the community such 
a supervision as to limit the chance of harm re- 
sulting, as in the dairy and meat producing indus- 
tries. 
A nuisance per se should be abated. This is 
frequently accomplished by the destruction of the 
thing itself; or it may be abated by so altering 
the conditions, as of manufacture, as to remove the 
possibility of danger. An unguarded excavation 
by the side of a public walk, into which passing 
individuals may fall, is a nuisance.2!' It may be 
abated either by the erection of a guard, or by 
filling, but the guard must be a real protection, 
such as would prevent accident. Summary abate- 
ment, though often necessary, is not always either 
permissible or advisable. If the thing destroyed 
have real value, the officer or other person causing 
its destruction may be held liable for damages.?? 
A stable is not a nuisance per se, and every prop- 
erty holder has the right to maintain one, even in 
a city, unless the condition of the particular stable 
arising through defendant’s negligence is such 
as to render it a nuisance.2* The fact that the 
stable is a nuisance does not justify the destruc- 
tion of the building.*4 
A person or an animal afflicted with a communi- 
cable disease is a nuisance in esse. The disease 
germ is a nuisance per se. Unfortunately this 
21Town of Neweastle v. 23 Porges v. Jacobs (Ore.), 
Grubbs, 171 Ind. 482, 86 N. E. 147 Pac. 396. 
757. 24 Miller v. Burch, 32 Tex. 
22 Miller v. Horton, 152 Mass. 208. 
540; Pearson v. Zehr, 138 
Ii, 48. 
