California, United States of America
The following excerpt is from People v. Southern Pacific Co., 139 Cal.App.3d 627, 188 Cal.Rptr. 913 (Cal. App. 1983):
This instruction was based on Public Resources Code section 4435, quoted at the margin. 2 Appellants contend that while the term "prima facie evidence" as used in the quoted statute creates a rebuttable presumption (Evid.Code, 602), the presumption is one affecting the burden of producing evidence, rather than one affecting the burden of proof, and it was therefore dispelled by the introduction of evidence showing that due care was exercised concerning the condition and operation of the train. For that reason, they contend, the jury should not have been instructed in the language of the presumption. (Evid.Code, 604; Slater v. Kehoe (1974) 38 Cal.App.3d 819, 833, 113 Cal.Rptr. 790.)
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