Cooper v. National Railroad Passenger Corp.

Opinion

FLEMING, Acting P. J.

Plaintiff Verdene Cooper appeals the dismissal on general demurrer of her complaint for personal injuries against defendants Amtrak (National Railroad Passenger Corporation) and the Atchison, Topeka and Santa Fe Railway Company.

Plaintiff, a passenger on defendants’ railroad train on 24 June 1972, in her first count charged negligence as follows: “At said time and place, plaintiff had boarded defendants’ train while in an intoxicated] condition and defendants knew, or in the exercise of reasonable care, should have known of the plaintiff’s said intoxicated condition.