The maxim denotes the meaning “proof overcomes presumption”.
The maxim denotes the meaning “proof overcomes presumption”. This maxim gives the effect of placing upon the opposing party the burden of establishing the nonexistence of the presumed fact, once the party invoking the presumption establishes the underlying facts giving rise to it.
‘A’ damaged 'B's property and declared that he did not do so. It is 'B', who has to prove that his property was destroyed by 'A', until then 'A's fact is considered as a real fact.
Western & Atlantic R.Co V. Henderson 279 U.S.639 (1929)
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