Section 4.82 Current Existence of Continuous Condition

• Library: Evidence 2017

17. (§4.82) Current Existence of Continuous Condition

There is a presumption that a condition, if it is of a continuous nature and has been shown to exist at one point in time, does continue to exist at a later time. King v. Mo. Pac. R. Co., 263 S.W. 828 (Mo. banc 1924); Duckworth v. United States Fid. & Guar. Co., 452 S.W.2d 280 (Mo. App. E.D. 1970).

The reverse is not true. Generally, proof of existence of a present condition or state of facts does not raise any presumption that the same condition or...