BAUER, Circuit Judge.
No barrel of flour has been responsible for more difficulties in the law than the one which fell out a warehouse window in 1863, spawning the case of Byrne v. Boadle, 159 Eng.Rep. 299 (1863), in which Baron Pollock, counsel for the plaintiff, argued "the thing speaks for itself" (or in his words "res ipsa loquitur"). Though much has changed since then, res ipsa loquitur remains with us. In this case, we are asked to determine whether the...
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