Public Enemy

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."

This word, used in the singular number, designates a nation at war with the United States, and includes every member of such nation. Vattel 3, c. 5, § 70. To make a public enemy, the government of the foreign country must be at war with the United Stales; fora mob, how numerous soever it may be, or robbers, whoever they may be, are never considered as a public enemy; 2 Marsh. Ins. 508; 3 Esp. 131, 132; State v. Moore, 74 Mo. 413, 41 Am. Hep. 322. A common carrier is exempt from responsibility whenever a loss has been occasioned to the goods in his charge by the act of a sioned; Murphy v. Staton, 3 Munf. (Va.) 239; Bell v. Reed, 4 Binn. (Pa.) 127, 5 Am. Dec. 398; Edw. Bailm. 547; 2 Bail. 157. See Common Carrier. In the late rebellion, the federal troops were a public enemy, against whose acts a common carrier within the confederate lines did not insure. Southern Exp. Co. v. Womack, 1 Heisk. (Tenn.) 256.

A nation at war with the United States; also every citizen or subject of such nation. Not including robbers, thieves, private depredators, or riotous mobs. State v. Moore, 74 Mo. 4l7, 41 Am. Rep. 322; Lewis v. Ludwick, 6 Gold. (Tenn.) 368, 98 Am. Dec. 454; Russell v. Fagan, 7 Houst. (Del.) 389, 8 Atl. 258; Missouri Pac. Ry. Ch v. Nev-ill, 60 Ark. 375, 30 S. W. 425, 28 L. It A. 80, 46 Am. St. Rep. 208.

Defined under Enemy in Black's Law Dictionary.