In one rather famous instance the case as reported would seem to show that the jury determined that the disease which brought about action by the health officers, that is, anthrax, did not exist, although those officers had, as a result of a bacteriological examination, reached a contrary conclusion

—the Supreme Court of Wisconsin, holding that a municipal corporation is not Liability for liable for the value of property destroyed by Lands of mistake on the order of its health officers, de-Agents cides, however, that a health officer is personally liable for the destruction of cattle which were not in fact a nuisance or cause of sickness, endangering the public health, but …

—recognized the ordinary rule exempting a public officer from personal liability for acts done within the scope of his official duties, but announced that there must be an exception in cases where private property has been taken because otherwise the owner would have no remedy against the invasion of his constitutional rights of property.

—held that the discretion of quasi-judicial officers must be limited where their acts invade the private property rights of others, and where the only means of redress is an action against the officer.

In 1904 this court recognized that the Legislature may "rightfully grant to boards of health authority to employ all necessary means to protect the public health" given the need to "act immediately and summarily in cases of... contagious and malignant diseases, which are liable to spread and become epidemic, causing destruction of human life."

Executive boards or officers who can deal at once with the emergency under general principles laid down by the lawmaking body must exist if the public health is to be preserved in great cities.

Inasmuch as the law quite universally protects private property. the judgment or discretion of a quasijudicial officer, though exercised honestly and in good faith, does not protect him where, by virtue of it, he undertakes to invade the private property rights of others, to whom no other redress is given than an action against the officer.

The liability of the officer to such penalties for nonaction of course becomes all the clearer when it turns out that his determination calling for action upon his part was not in fact mistaken. 20 (1891) 152 Mass. 540, 26 NE 100.

The facts recited in the opinion indicate that most likely the steer was infected by anthrax because anthrax bacilli were observed in a specimen of blood taken from the site th the steer was flayed.

The type of the ministerial power resulting in an invasion of property is the destruction by a sanitary officer of a sound animal which he believed to be unsound; here the preponderant American opinion asserts liability

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