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Carmarthen County Court

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Carmarthen County Court NURSE SUES UNCLE* At Carmarthen County Court on Friday, before His Honour Judge Lloyd Morgan, K.C., the adjourned case was heard in which Jenny Davies, a nursing sister, of Portland-plaoe, London, sued her uncle, Mr. Phillip Lewis, Pen to win Farm, Myd- rim, for E9 13s. in respect of professional attendance, railway fare, etc. His Honour adjourned the case in order that a telegram which plaintiff had received summoning her to Pentowin might by produoed, and that further evidence regarding the sending of the telegram might be given. Mr. H. Brunei White, who appeared for plaintiff1, said the telegram could not be found. Plaintiff at the last court stated that in December, 1918, while at Cwmavon, she was wired for to Pentowin, where de- fendant's mother and brother were lying dead, and her cousin, Miss Maggie Rees, was seriously ill. the influenza epidemic being about at the time. She nursed Miss Rees from December 3rd to 16th, and de- fendant, she said, promised to pay her fees. On the 17th Decembr she received a letter from Miss Rees' mother, who lived at Llan- gibby, enclosing a cheque for J35, which she thought was sent as a present. She cashed the cheque, but as she considered JE5 too much for a gift she returned L4. Mr. T. R. Ludford, Llanelly, defended. Mr. Glyn Jones, Coedmyrdin, Old Road, Llanelly, Commissioner for Wales for War iSavings) said he was related to Mrs..Lewis who died at Pentowin. He was at Pen- towin on Monday, Dec. 2nd, and Phil ewis was there, and plaintiff's father came in. There was a general conversation as to what had happened, and Mi. Davies sug- gested that as there were tu\> dead people in the house and another very ill, it would be a good thing to get a nurse there, and he suggested his daughter, the plaintiff, who arrived later. Mr. Davies suggested to de- fendant that the nurse be wired for, and defendant accepted the suggestion and agreed that plaintiff should ccme. Witness did not see the telegram made out, but (to the best of his recollection), he saw Mr. Davies holding the telegram in his hand, and saying to him, "Here it is, it is ready." He then took the telegram, together with another ore of his own, to the Post Office. The telegram was worded as far he re- membered, "Cousin very ill, come home at once.—Father." When he returned defendant paid him for sending the two telegrams. By. Mr. White—He was not at Pentowin on the Sunday night. He did not hear Phil Lewis saying that he would pay all expenses. In answer to the Judge, Mr. Jones said that defendant seemed to be in charge ol all the funeral arrangements, and it was quite possible that he might have said he would pay all expenses, but witness had no recollection of it. .John Davies, Coedcae, Sarnau, father of plaintiff, said that on the Sunday evening his daughter, Esther Mary Davies, came home from Pentowin, and a,fter giving him certain information went back to Pentowin. In consequece of that information he went to Pentowin the next day, and told them that he could not send a telegram from Bankyfelin as the Post Office was closed as all who lived there were down with the 'flu." Phil Lewis said to him, Why didn't you send for Jenny, at once His daughter, Esther Mary, and Phil Lewis then arranged to send the telegram from Pen- towin, and Mr. Glyn Jones took it to St. Clears. His daughter, Esther Mary, wrote the telegram. It was not until the follow- ing August that plaintiff told him she ex- pected payment from Phil Lewis. Esther Mary Davies said that she wrote the telegram by the order of her uncle (the defendant). Her father did not see the telegram at all. In answer to Mr. Ludford, witness said she understood that her uncle wanted her sister down. She did not know who would pay, but no one thought less than her uncle would pay. Her uncle did not tell her at the time she wrote the telegram that he would pay for the nurse's services, but he would not order a nurse from London Mr. Ludford-From Aberavon; your sister came from Aberavon and not from London. Witness—But she is a London-trained nurse and lives in London. By Mr. White—When Phil Lewis paid a cheque for j32 he told her, 'I will settle with Jenny in January." The wording of the telegram was "Auntie and Rice dead, cousin Maggie seriously ill, come at once.- Father." Mr. Ludford, addressing the Judge, said all the uncle did was to specifically instruct Esther Mary Davies to send the telegram. The father of plaintiff had urged the ad- visability of sending for her, according to Mr. Glyn Jones' evidence. If plaintiff's ,-<jste.i| acting on Ith iiinstrudtion of Phil Lewis, sent the telegram off in the name of her father, how could it be said that the uncle was getting the nurse there? As to the cheque for E5 received by plaintiff from her cousin whom she nursed, Mr. Lud- ford said that showed that that cousin at Lampeter thought she was liable to plaintiff for services rendered to her, and was not looking to Phil Leiws for payment. More- over, if plaintiff was looking to Phil Lewis for payment she would have returned the £ 5 and not kept JB1 of it as she had done. Plaintiff had written to the cousin and told her that if she had gone all the way to Lam- peter to, nurse her she would have charged in full. Mr. Ludford suggested that the real cau-e why the case had been brought on was that plaintiff was disappointed with the will of the aunt. The Judge said that the person in charge cf the house was the defendant, and it was at his house that the illness took place. The cousin senr for was a professional nurse, and the conclusion he (his Honour) came to was that there was an implied promise to pay for her services. The iCl received by plaintiff would be set off as part payment, and he gave judgment for plain- tiff for £ 4 15s. .=--=_

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