Baker v. Hope

Citations

• 49 Cal. 598

Syllabus

<p>Pleadings in Trespass.—If the complaint charges that the defendant maliciously and violently assaulted the plaintiff and struck him on the head •with a heavy club, and the answer admits that the defendant struck the plaintiff with a “fence pole,” it is an admission that the defendant struck the plaintiff substantially as charged, but not an admission of the alleged malice accompanying the blow.</p> <p>Judicial Knowledge.—The Court will take judicial knowledge of the fact that a “ fence pole ” is a heavy club.</p>