POLICE POWER 37 
nuisance per se cannot be destroyed immediately 
without the destruction of the person or the ani- 
mal. Ordinarily these cases are treated in some 
sort of quarantine. In the case of diseased ani- 
mals public weal frequently calls for the destruc- 
tion of the infected individuals, and sometimes 
this must also include all those that have been 
exposed to the infection. A tubercular cow is a 
nuisance, in that she is a danger to other animals, 
or to the users of her milk. However, she may 
have a special value for breeding purposes, and 
her milk may be pasteurized so as to reduce, or 
remove, danger from that source; and she may be 
kept so isolated as to not endanger other animals. 
While it is generally held that no compensation 
is due to the owner for the destruction of a nui- 
sance under police power, in such cases as this the 
difficulty in destroying the nuisance without also 
destroying valuable property has caused the estab- 
lishment of a practice, as a matter of public policy, 
of rendering some compensation to the owner. 
Apparently this is more a matter of policy than 
of right. This will be more fully considered in a 
later section. (§$ 113.) 
One of the powerful weapons for the restraint 
and prevention of nuisances is found in civil suit. 
This may be maintained either by the public, or 
by private individuals. If it be a private nuisance 
it must be by the parties injured, and a private 
party may only sue for recovery of damages from 
the maintenance of a public nuisance when his own 
property, or person, shall have been especially in- 
jured.2> Since it is not to be presumed that a nui- 
28 Hoyt v. McLoughlin, 250 
Ill. 442, 95 N. EH. 464. 
