Foland v. St. Louis-San Francisco Railway Co.

STANLEY, Chief Judge.

This is an action to recover damages for personal injury allegedly inflicted on August 12, 1959, while plaintiff was trying to lift his automobile bumper which had become hooked over a fire plug situated in defendant’s parking lot. The jurisdiction of this court rests upon diversity of citizenship. The defendant railroad has moved for summary judgment on the ground that plaintiff relieved defendant of liability by an agreement dated February 7, 1956. Paragraph X of the pretrial order contains the stipulation that the law of Oklahoma controls the validity of the agreement.

A…