¶2
I concur on the ground that even though the presumption remained, the evidence was such as to require, in law, a directed verdict. I am not prepared to say that in all cases where the law permits a presumption from a set of facts, that such presumption goes out of the case completely when
any
evidence to rebut it is introduced. In this case the evidence rebutting the presumption was clear, convincing and itself unrebutted. Hence, the verdict for defendant Affleck was properly directed.
