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from the damage or injury to which it may be subject because of the plaintiff's failure to make proof. Thus where a plaintiff shows one act of negligence in the defendant, the excuse of the presumption that the defendant was not negligent may be overcome by the defendant's proof that the act was not negligent.
However, to justify rebuttal of the presumption, the proof must identify certain circumstances (such as prior accidents) in which the defendant had not been shown to be negligent in fact
from the damage or injury to which it may be subject because of the plaintiff's failure to make proof. Thus where a plaintiff shows one act of negligence in the defendant, the excuse of the presumption that the defendant was not negligent may be overcome by the defendant's proof that the act was not negligent.
However, to justify rebuttal of the presumption, the proof must identify certain circumstances (such as prior accidents) in which the defendant had not been shown to be negligent in fact
