158 ESSENTIALS OF VETERINARY LAW 
agree to pay fifty dollars in a section where the 
ordinary price for such an animal in health would 
be from $75.00 to $100.00 or more. The flat rate 
would afford less opportunity for graft. 
There can be no property right in a nuisance 
per se. Where the nuisance disease has become 
so closely associated with the tissues of an animal 
as to be practically inseparable, and where, in con- 
sequence, the animal has become a danger to the 
community, the animal itself may be also con- 
sidered a nuisance per se. When, therefore, the 
animal becomes infected with anthrax the owner 
has thereby lost his property right in the animal. 
If he has no property right, there can be no legal 
excuse for paying him for his beast. There would 
be more justice in requiring him to bear the ex- 
pense of the destruction of the animal, for so long 
as the animal lives it will be a source of expense, 
and will expose the owner to liability for damages 
through spread of the disease. (§§ 112, 211.) 
In a disease like that of cattle affecting the feet 
and mouth, conditions are very different. An 
appraisement of such a herd will involve several 
items. Starting with the original value of the 
stock before becoming infected, the appraiser 
should deduct the following items: 
(1) Value of proportion which would probably 
die. 
(2) Cost of care of herd until free from disease 
(plus possible earnings). 
(3) Depreciation in value of stock after the 
disease. 
(4) Possibly, the cost of quarantine supervision. 
(5) In some cases, the amount which the owner 
may recover from the carcasses. 
