GOVERNMENTAL SERVICES 133 
existence of bad faith may aggravate it. Every 
one must be sure of his legal right when he invades 
the possession of another.’’ § 
Because a municipality is not liable for the 
acts of its representatives in preserving the pub- 
lic health, and because an excess on the part of 
the official exposes him to personal liability, it 
has even been held that where the officer has been 
actuated by worthy motives, and has acted for 
the common good, as he saw it, if he shall have 
exceeded his authority, and shall have been 
assessed damages, he must pay those damages 
personally, and the municipality may not law- 
fully reimburse him.® 
97. Officer with Discretion Cannot Be Coerced. 
A duty which is coupled with discretion implies 
the free exercise of judgment.1? Such an officer, 
therefore, cannot lawfully be coerced in making his 
decision, nor to act contrary to his opinion when 
formed. The courts cannot force such an officer 
to take a certain line of action.! If, under the 
stress of fear, or intimidation, such an officer 
should adopt a certain line of action he must bear 
the responsibility of such action. If his act be 
shown to be without the scope of his authority, or 
contrary to the provisions of law, he may be held 
personally liable for injuries resulting from his 
8Cubit v. O’Dett, 51 Mich. 98; Robinson v. Rohr, 73 Wis. 
347 (per Cooley, J.). 436. 
9 Kempster v. Milwaukee, 79 10 PuBLIc Heautu, 271, 274. 
N. W. 743, 97 Wis. 343; Law- 11 Seymour v. U. 8., 2 App. 
rence v. McAlvin, 109 Mass. D. C. 240. 
311; Uren v. Walsh, 57 Wis. 
