PHYSICAL

Relating or pertaining to the body, as distinguished from the mind or soul or the emotions; material, substantive, having an objective existence, as distinguished from imaginary or fictitious; real, having relation to facts, as distinguished from moral or constructive. Physical disability. See DISABILITY. Physical fact. In the law of evidence. A fact having a physical existence, as distinguished from a mere conception of the mind; one which is visible, audible, or palpable; such as the sound of a pistol shot a man running, impressions of human feet on the ground. Burrill, Circ. Bv. 130. A fact considered to have its seat in some inanimate being, or, if in an animate being, by virtue, not of the qualities by which it is constituted animate, but of those which it has in common with the class of inanimate beings. 1 Benth. Jud. Ev. 45. Physical force. Force applied to the body; actual violence. State v. Wells, 31 Conn. 212. Physical incapacity. In the law of marriage and divorce, impotence, inability to accomplish sexual coition, arising from incurable physical imperfection or malformation. Anonymous, 89 Ala. 291, 7 South. 100, 7 U R. A. 425, 18 Am. St. Rep. 116; Franke v. Franke (Cal.) 31 Pac 574, 18 L. R. A. 375. Physical injury. Bodily harm or hurt, excluding mental distress, fright or emotional disturbance. Deming v. Chicago, etc., R. Co., 80 Mo. App. 157. Physical necessity. A condition in which a person is absolutely compelled to act in a particular way by overwhelming superior force; as distinguished from moral necessity, which arises where there is a duty incumbent upon a rational being to perform, which he ought at the time to perform. The Fortitude, 3 Sumn. 248, Fed. Cas. No. 4,953.