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· 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

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.