Thayer v. Lombard
Cases that cite this one
3 later published cases cite this decision.
- Ross v. Cooper (N.D. 1916)
- Commonwealth v. Slavski (Mass. 1923)
- Nunnally v. Mail & Express Co. (Appellate Division of the Supreme Court of New York 1906)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The dying declarations of the defendants’ testator were not admissible to prove the facts to which the declarations related. The facts in controversy were facts in the past, and not facts concerning the feelings or thoughts of the testator existing at the time the declarations were made. See Chapin v. Marlborough, 9 Gray, 244. The present case does not bring the declarations within any of the exceptions known to the common law where declarations of deceased persons are admitted in evidence. The admission of the declarations of a deceased person on the ground that they are dying declarations is by the common law confined to prosecutions for homicide, and there is no statute which makes them evidence in a civil action such as this is. 1 Greenl. Ev. § 156.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.