Clipped From Galesburg Register-Mail
OKs Plaintiff Testimony for Accident Trial Philip C. Theobald, 939 Jeffer- son St, today was allowed testify as plaintiff in his ' ,, T __ auto accident suit against Esther Babbitt, 1975 Baird administrator for the estate of deceased husband, Stephen Babbitt. If Before the Knox County Circuit Court trial resumed this morning,; Judge Riley E. Stevens his ruling which had barred Thco bald from the stand Monday. Statute Limits Testimony Judge Stevens said that an nois "dead-man" statute prohibits Theobald from testifying only regards the accident, since the ceased Mr. Babbitt cannot in testimony. The jurist ruled Theobald may testify about events; which occurred after the The circuit court jury is hearing both the $10,000 Theobald suit also a $20,000 counter-suit by Mrs. Babbitt, who maintains that negligent driving by Theobald caused her husband's death. Theobald testified this morning as to the losses and injuries suffered after his auto collided with one driven by Mr. Babbitt May 14, 1952, on a rural road between Henderson and Wafaga. Suffers Skull Fracture The plaintiff said that his skull was fractured, he received numer ous facial and head lacerations has had to wear glasses because of an eye injury. He stated that the injuries prevented him from working as a part-time contractor to construct 18 or 20 garages during fiie summer of 1952. His profits on garages had averaged $200 each, but during 1952, he showed a fiscal loss of $63 because he had to hire workers fulfill the contracts, Theobald said. Other witnesses who testified this morning were Orin Daves, Sparta Township road commissioner; Melvin Cravton, who works, with Theobald as a Burlington Railroad brakeman, and Swanson, garage mechanic. Passengers Take Stand Mr. and Mrs. William Baker Galesburg testified Monday noon that they were passengers in the Theobald auto when collision occurred. Bake- - said that he and Theobald were en route play golf I Four jurors seated in the noon session were Mrs. Helen Milan and Mrs. Clara Wolfmaier,|Oak both of Galesburg; Lowell of Elba Township, and Shepherd of Rio Township. Eight jurors wore selected Monday morning, as reported earlier.