PLAZA THEATRE

Wanganui Chronicle, Volume 79, Issue 186, 7 August 1936, Page 12

PLAZA THEATRE

“PROFESSIONAL SOLDIER.” A gem of mirth-provoking satire is “Professional Soldier” commencing to-day at the Plaza Theatre/ Victor McLaglen, that old film favourite, returns to the screen as Colonel Michael Donovon, whose own accounts of his youthful exploits grow more heroic as his retirement from active service grows longer. At last he linds a listener and a believer in the boy king Peter (Freddie Bartholomew), whom the colonel is bribed to kidnap in order to aid political moves within the kingdom. There is an exciting clash between revolutionists and royalists and the colonel is obliged to prove the truth of his own tales, which he does by holding up the enemy at the point of a machine-gun, thus saving the king and becoming a hero in reality. Michael Whalen and Gloria Stuart are featured players. There is an entertaining supporting programme, including pastoral scenes in technicolour. very long. It just allowed me time to get up. Witness could not see how she could have been thrown to the floor if she had remained in her seat. There was a seat in front of her. She left the Marton station that night and arrived at her destination without assistance. Next day (a Sunday), she attended a railway picnic at Castlecliff. His Honour: Are you quite sure the train stopped before you got up, or do you just think it stopped?—lt just stopped and I got up. Fellow Passenger’s Version. Archibald Henry Zweibauck, farm labourer of Apiti, who was a passenger in the same carriage as Mrs. Chandler, said the train stopped with a severe jolt. The train had stopped and moved on again. As the train jolted witness put his hand out on the side of the door, otherwise he would have fallen. He had not felt anything like this before. He assisted Mrs. Chandler to her feet. To Mr. Bain: When he was going out of the door he did not know whether Mrs. Chandler was sitting down or standing up. He did not see her fall. Case of Respondent. Mr. Bain submitted that there was no evidence of negligence and even at this stage judgment should be entered for the respondent or the plaintiff non-suited. “I suggest that even on the plaintiff’s own evidence it does not suggest negligence in the handling of the train,” said counsel. She said she thought the train had stopped. That was her evidence. His Honour ruled that there was sufficient to call on the respondent, but he would reserve the non-suit point. Counsel said that it was submitted that it was a mixed train and a short train. It had been examined before leaving Palmerston North and had stopped at nine stations and no trouble was experienced with the braking. The guard, driver and fireman would say that the train stopped without a jolt. A shunter on the platform would say the same thing. Evidence of Officials. Arthur Kilgour, driver of the train in question, had 28 years’ experience and had been driving for 15 years. The stop at Marton was absolutely normal, he said. There was not a quiver in front of the train. He first knew of Mrs. Chandler's complaint an hour after the train arrived. To Mr. McGregor: He thought he made his report on the following day. It was made on his own initiative, it was about 30 wagons all told. He was hand signalled to his stopping place. He had to stop the train between certain points and a certain signal, but the train was so short that it fitted into the space quite nicely. He got a signal to stop when he was over the points and gave the Westinghouse brake a final light application. It was unusual in short trains to find the front of the train stopping smoothly and the rear of the train with a jolt. There was some slack to be taken up between the couplings, but nothing to speak of. The application of the hand brake macle for a smoother stop. It affected the engine only and reduced it to a speed which brought the train more together. The hand brake was applied by the fireman. Witness had questioned him on that point as he (witness) insisted on the use of the handbrake when he was driving a mixed train. If there was a rebound on the train he would feel it and also hear it. Mr. Bain: Did the train stop, restart, then stop again?—Emphatically, no. I had charge of the brakes. Arthur Herbert Mudgway, with 13 years’ experience, fireman on the train in question, gave corroborative evidence. He applied the engine handbrake in the usual way, he said. There had been nothing unusual in the train’s stop at Marton. Alexander Gowdy, guard, gave similar evidence. Neither luggage, books, nor portable lamp in his possession in the van was disturbed when the trainstopped at Marton. Witness had said to Mrs. Chandler that it was very foolish of her to be standing up. Witness got the impression that she was not going any further in the matter. Later, he was asked for a report and he gave it. William Henry Bone, railway clerk, Marton said that as the result of a complaint he had interviewed Mrs. Chandler and also arranged for Dr. Dick to see her. Percy Fred Ritchie, shunter, saw the train stop at Marton. It came in all right, he said, and there was no unusual jolt. He was close to the train when it stopped. It did not stop, start again and then stop. A medical report was placed before the Court stating that the suppliant had suffered no permanent disability. There was a 25 per cent, disability of the arm which would disappear in six months. Counsels’ Submissions. Mr. Bain submitted that when a person voluntarily got up from a seat in a train while it was in motion did so at his or her own risk. Mr. McGregor submitted that a severe jolt had been proved, and that fact shifted the responsibility of proving that there had been no negligence on to the defendant. It was for the defendant to disprove liability. All the evidence of the railway officers was to the effect that there was no jolt. His Honour: No unusual jolt. You can’t pull a train up without some sort of jolt, you know. Decision was reserved, His Honour taking time to look at the authorities quoted to him by both counsel.