Baker v. Hope
Cases that cite this one
3 later published cases cite this decision.
- Chicago, M. & St. P. Ry. Co. v. Moore (8th Cir. 1909)
- Hoagland v. Canfield (U.S. Circuit Court for the District of Southern New York 1908)
- Pennington v. Caughey (Cal. 1904)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We think the first instruction given by the Court below is not obnoxious to the criticism to which it is subjected in appellant’s brief. The District Court properly asserted judicial knowledge of the fact that a "fence pole” is a "heavy club;’’ and when the Court said : " The defendant admits that he struck the plaintiff substantially as charged,” it was a statement of an admission that he struck with a heavy club, and not of the alleged malice accompanying the blow. Nor do we think the other points made by the appellant are well taken.
Judgment affirmed.
Neither Mr. Chief Justice Wallace nor Mr. Justice Niles expressed an opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.