· 10/9/1946
Protests 52857-K of Atlas Marine Supply Co.
Citations
- 17 Cust. Ct. 193
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing denial of MJOA because evidence was legally insufficient to prove “substantial pain”
- explain- ing that the phrase “substantial pain” refers “both to the degree and the duration of pain subjectively experienced by a victim”
- “Ordinarily, whether a victim has suffered ‘substantial pain’ is a question for the trier of fact; however, whether the evidence is sufficient to submit that question to the factfinder depends on the nature of the evidence itself.” (Emphasis omitted.)
- insufficient evidence of substantial pain where “slight swelling” on the victim’s cheek and “several small scratches or bruises” were not vis- ible the next day, and the victim “squarely den[ied] that she experienced any pain”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cline
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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