38 ESSENTIALS OF VETERINARY LAW 
sance will be permitted to continue if it be possible 
to abate it by expenditure of labor and money, the 
measure of damages will be such damages as have 
already occurred.?® Ina suit for damages resulting 
from the nuisance from maintenance of a stable, 
the court held that the measure of damages is the 
reduction in the value of the plaintiff’s property, 
plus compensation for the plaintiff’s discomfort, 
and not the depreciation in the value of the plain- 
tiff’s property.?7 
23, City Must Not Commit Nuisance. A city 
has no right to commit a nuisance, such as the pol- 
lution of a stream to such a degree that it injures 
the lower riparian owners. This offense is most 
often committed by the discharge of crude sewage 
into natural waters. ‘‘A municipal corporation 
has no more right to injure the waters of a stream 
or the premises of an individual by the discharge 
of sewage into the stream than a natural person, 
and incurs the same liability by so doing.2® This 
does not mean that the city has no right to empty 
sewage into a stream, but that it must not commit 
nuisance by so doing. The sewage may be so 
treated that in the place of making a nuisance it 
will tend to remove the nuisance already existing 
in the stream.” The fact that a city has been 
discharging its sewers into a stream does not give 
it a right so to do. The city may have grown 
from a little village, and while the water of the 
26 Southern Ry. Co. v. Poet- 
ker, 46 Ind. App. 295, 91 N. E. 
610. 
27 Porges v. Jacobs (Ore.), 
147 Pac. 396. 
28 Little v. Town of Lenoir, 
151 N. C. 415, 66 S. E. 337; 
State Bd. of Health v. Green- 
ville, 98 N. E. 1019, 86 Ohio 1. 
29 Atty. Gen’l v. Birming- 
ham, Tame and Rea Dr. Dis. 
L. R. C. D. (1910), 1 Ch. 48, 
