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MENTAL

Relating to or existing in the mind; intellectual, emotional, or psychic, as distinguished from bodily or physical. Mental alienation. A phrase sometimes used to describe insanity, (g. v.)Mental anguish. When connected with a physical injury, this term includes both the resultant mental sensation of pain and also the accompanying feelings of distress, fright, and anxiety. See Railway Co. v. Corley (Tex.) 26 S. W. 904; Railway Co. v. Miller, 25 Tex. Civ. App. 460, 61 S. W. 978; Keyes v. Railway Co., 36 Minn. 290, 30 N. W. 888. In other connections, and as a ground for damages or an element of damages, it includes the mental suffering resulting from the excitation of the more poignant and painful emotions, such as grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. Mental capacity or competence. Such a measure of intelligence understanding, memory, and judgment (relative to the particular transaction) as will enable the person to understand the nature and effects of his act. Mental defect. As applied to the qualification of a juror, this term must be understood to embrace either such gross ignorance or imbecility as practically disqualifies any person from performing the duties of a juror. Caldwell v. State, 41 Tex. 94. Mental reservation. A silent exception to the general words of a promise or agreement not expressed, on account of a general understanding on the subject. But the word has been applied to an exception existing in the mind of the one party only, and has been degraded to signify a dishonest excuse for evading or infringing a promise. Wharton.

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