Public Enemy
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
This word, used in the singular number, designates a nation at war with the United States, and includes every member of such nation. Vattel, bk.
3, c. 5, § 70.
To make a public enemy, the government of the foreign country must be at war with the United States; for a mob, howsoever numerous it may be, or robbers, whoever they may be, are never considered as a public enemy.
2 Marsh. Ins. 508; 3 Esp. 131, 132.
A common carrier is exempt from responsibility whenever a loss has been occasioned to the goods in his charge by the act of a public enemy; but the burden of proof lies on him to show that the loss was so occasioned.
3 Munf. (Va.) 239; 4 Bin. (Pa.) 127; 2 Bailey (S. C.) 157.
Bills of lading exempting the carrier from liability for losses arising from the act of God or the "public enemy," refer, by the expression quoted, to the enemy of the country, and not to that of the carrier, and do not include mobs and riots.
242 111. 188.
See "Common Carriers."
See Common Carriers.