Section 2.12 Conflicting Presumptions
| Library | Sources of Proof (2014 Ed.) |
A. (§2.12) Conflicting Presumptions
It is possible to have two presumptions operating on the same issue in a given case. Obviously, both presumptions cannot be given controlling effect. In such a case, there are two alternatives:
1. The presumptions could “cancel each other out,” and the case could proceed as if neither existed.
2. One presumption could be given preemptory effect over the other because of its superior significance.
See generally SPENCER A. GARD, MISSOURI EVIDENCE § 3:10, p. 81 (1985). Some Missouri cases have followed the former view. City of St. Louis v. State Tax Comm’n, 505 S.W.2d 75...
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