Jones v. McLeod

The action is contract for the use and occupation of a tenement. The defence is that the plaintiff knowingly let it to the defendants to be used for the illegal keeping and sale of intoxicating liquors, and that it was so used with his knowledge. Proof of keeping and selling liquors was offered ; and the plaintiff requested the court to rule that, upon the mere proof that intoxicating liquors were sold in the tenement, the presumption of law is that such sales were legal and authorized by law.

This instruction ought to have been given. The general principle applicable at common law is, as…