GOVERNMENTAL SERVICES 151 
cial relations of those thus restrained; and that 
this restriction may work financial injury to cer- 
tain persons. A health official, acting within his 
legal authority, is not liable for such injuries re- 
sulting from reasonable and customary measures 
as he may, in good faith, adopt or order for that 
purpose with regard to persons or matters within 
his- jurisdiction.» But if it shall be shown that 
his act has been unreasonable, and not in accord 
with scientific knowledge, or that he otherwise has 
exceeded his authority, he may be held in civil 
damages for such injury as may appear.*® 
111. Destruction of Property. Property de- 
stroyed under police power requires no compensa- 
tion according to the common law.*? (§§ 15-22) 
In this it differs from the taking of property under 
the power of eminent domain. In eminent domain 
the property is taken for the use of the public. 
Under police power the property is taken and 
destroyed because it is harmful, and ‘‘the prop- 
erty itself is the cause of the public detriment.’’ 5° 
But it is necessary that the property destroyed 
be in fact a nuisance, and ex parte condemnations 
of property are not conclusive.®*® 
112. Personal Liability for Infectious Disease. 
The owner of a flock of sheep infected with scab 
55 Allison v. Cash, 143 Ky. 
679; 21 Cye. 405; Seavey v. 
58 Davidson v. New Orleans, 
96 U. S. 97. 
Preble, 64 Mo. 120; Whidden 
v. Cheever, 69 N. H. 142, 44 
Atl. 908; Beeks v. Dickinson 
Co., 131 Iowa, 244. 
56 Lowe v. Conroy, 120 Wis. 
151, 97 N. W. 942. 
67 Freund, Police Power, 517. 
59Salem v. Eastern R. Co., 
98 Mass. 431; Shipman v. State 
Live Stock Commrs., 115 Mich. 
488; Lowe v. Conroy, 120 Wis. 
151; Waye v. Thompson, 15 L. 
R. Q. B. D. 342; Miller v. 
Horton, 152 Mass. 540. 
