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; reui, 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. Ev. 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 constiinted animate, but of those which it bas 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 L. R. A. 425, 18 Am. St. Rep 116; Franke v. Franke (Cal.) 31 Pac. 574, 18 In 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 distingnished 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.

See Disability; Force; Labor, 1; Necessity; Presumption. PHYSICIAN. In a statute providing for the organization of medical societies, held not limited to any school of practitioners. The law implies an undertaking that he will exercise reasonable care and skill in the treatment of a patient; not that he will effect a cure. He may testify to a statement given by his patient in relation to his condition, symptoms, and feelings, past and present — where the bodily condition of a plaintiff, alleged to have been injured, is the subject of inquiry; but the necessity does not extend to declarations by the party as to the cause of the injury when that is the principal matter of inquiry. To defend against an action for his services, on the ground of a custom among physicians not to charge each other, it must appear that that custom was so universal as to justify the conclusion that it became, by implication, a part of the contract. A physician is liable in damages for want of skill in another physician to whom he intrusts practice. See Care; Communication, Privileged, 1; Coroner; Druggist; Expert; Family; Information, 1; Inspection, 2; Medical; Medicine; Police, 2; Science; Slander; Trade, Restraints.