Lewis v. Seaboard Coast Line Railroad

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a diversity civil action for damages arising out of a collision between the defendants’ train and the plaintiff’s automobile upon a railroad grade crossing across property owned by the plaintiff. 28 U.S.C. §§ 1332(a)(1), (c). The defendants moved to dismiss the action for the failure of the plaintiff to state a claim upon which relief can be granted. Rule 12(b)(6), Federal Rules of Civil Procedure.

The defendants claim that the plaintiff Mr. Lewis contracted away in advance, any future claim for damages in an agreement of March 31, 1967…