Safir v. Compagnie Generale Transatlantique

DOOLING, District Judge.

In a civil action in two counts, one for ante-mortem, damages and a second for wrongful death, based on an accident that plaintiff’s decedent sustained on the high seas while a passenger aboard defendant’s vessel on June 20, 1960, and which resulted in the death of plaintiff’s decedent on September 30, 1960, defendant moves under Rules 12(b) and 56 to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted and on the ground that the claims are barred of enforcement by a contract provision that is valid under 46 U.S.C.A. §…