60-414. Effect of presumptions.
60-414
60-414. Effect of presumptions.Subject to K.S.A. 60-416, and except for presumptions which areconclusive or irrefutable under the rules of law from which they arise, (a)if the facts from which the presumption is derived have any probative valueas evidence of the existence of the presumed fact, the presumptioncontinues to exist and the burden of establishing the nonexistence of thepresumed fact is upon the party against whom the presumption operates; (b)if the facts from which the presumption arises have no probative value asevidence of the presumed fact, the presumption does not exist when evidenceis introduced which would support a finding of the nonexistence of thepresumed fact, and the fact which would otherwise be presumed shall bedetermined from the evidence exactly as if no presumption was or had everbeen involved.
History: L. 1963, ch. 303, 60-414; Jan. 1, 1964.