35. Passenger is aboard an airplane operated by Airline. The airplane disappears over the Mediterranean Sea in
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35. Passenger is aboard an airplane operated by Airline. The airplane disappears over the Mediterranean Sea in clear weather, and no trace is ever found. Passenger’s estate sues Airline. The estate does not come forward with any evidence of Airline’s negligence. Airline produces testimony that some otherwise unexplained plane crashes turned out to have been caused by plastic bomb devices that even very close security inspection could not have detected. However, Airline does not produce any evidence directly suggesting that this is what happened here. There is no other evidence as to the cause of the accident. Should the judge:
(a) Direct a verdict for Passenger;
(b) Direct a verdict for Airline; or
(c) Send the case to the jury?
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