Opinion · Supreme Court of the United States
Hess v. Pawloski
47 S. Ct. 632
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1927-05-16
- Topic
- general
holding that due process allows states to exercise jurisdiction over nonresident drivers involved in “accidents or collisions” | explaining that a driver “who use[s] [a state’s] highways” can be “require[d] . . . to answer for his conduct in the State” | rejecting due-process challenge to state implied-consent law authorizing personal jurisdiction over nonresidents for claims arising from their use of motor vehicles in the state | sustaining the constitutionality of a substituted service statute designed to cope with automobile accidents by out of state defendants | rejecting due-process challenge to state implied-consent law authorizing personal jurisdiction over nonresidents for claims arising from their use of motor vehicles in the state | rejecting due-process challenge to state implied-consent law authorizing personal jurisdiction over nonresidents for claims arising from their use of motor vehicles in the state | concern-ing the constitutionality of service of process on a non-resident motorist | a nonresident who acts negligently within the forum state causing personal injury to a resident may be haled into court in the forum state | "California has not attempted to assert any particularized interest in trying such cases in its courts by, e.g., enacting a special jurisdictional statute." | “California has not attempted to assert any particularized interest in trying such cases in its courts by, e.g., enacting a special jurisdictional statute.” | Court recognized that service by registered mail, in place of personal service, may satisfy the requirements of due process | a nonresident who acts negligently within the forum state causing personal injury to a resident may be haled into court in the forum state | transient motorist subjected to in personam jurisdiction on the basis of a single negligent tort | “transaction of business in state” supports “consent to be bound by the process of its courts” | “the implied consent is limited to proceedings growing out of accidents or collisions on a highway in which the nonresident may be involved.” | “The state's power to regulate the use of its highways extends to their use by nonresidents as well as by residents.” | "In the public interest the State may make and enforce regulations reasonably calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.” | "In the public interest the State may make and enforce regulations reasonably calculated to promote care on the part of all, residents and non-residents alike, who use its highways." | "In the public interest the state may make and enforce regulations reasonably] calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.” | “In the public interest the state may make and enforce regulations reasonable calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.” | “In the public interest the state may make and enforce regulations reasonabl[y] calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.” | upholding constitutionality of statute similar to Tennessee Non-Resident Motorist Statute | nonresident motorist committing tort within state | implied consent, use of automobile
Citator
- Cited by
- 413 opinions
"The acceptance by a non-resident of the rights and privileges conferred by section three or four, as evidenced by his operating a motor vehicle thereunder, or the operation by a non-resident of a motor vehicle on a public way in the commonwealth other than under said sections, shall be deemed equivalent to an appointment by such non-resident of the registrar or his successor in office, to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against him, growing out of any accident or collision in which said non-resident may be involved while operating a motor vehicle on such a way, and said acceptance or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as if served on him personally. Service of such process shall be made by leaving a copy of the process with a fee of two dollars in the hands of the registrar, or in his office, and such service shall be sufficient service upon the said non-resident; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff to the defendant, and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the writ and entered with the declaration. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action."
Plaintiff in error appeared specially for the purpose of contesting jurisdiction and filed an answer in abatement and moved to dismiss on the ground that the service of process, if sustained, would deprive him of his property without due process of law in violation of the Fourteenth Amendment. The court overruled the answer in abatement and denied the motion. The Supreme JudicialPage 355Court held the statute to be a valid exercise of the police power, and affirmed the order.250 Mass. 22. At the trial the contention was renewed and again denied. Plaintiff in error excepted. The jury returned a verdict for defendant in error. The exceptions were overruled by the Supreme Judicial Court.253 Mass. 478. Thereupon the Superior Court entered judgment. The writ of error was allowed by the chief justice of that court.
The question is whether the Massachusetts enactment contravenes the due process clause of the Fourteenth Amendment.
The process of a court of one State cannot run into another and summon a party there domiciled to respond to proceedings against him. Notice sent outside the State to a non-resident is unavailing to give jurisdiction in an action against him personally for money recovery.Pennoyerv.Neff,95 U.S. 714. There must be actual service within the State of notice upon him or upon some one authorized to accept service for him.Goldeyv.Morning News,156 U.S. 518. A personal judgment rendered against a non-resident who has neither been served with process nor appeared in the suit is without validity.McDonaldv.Mabee,243 U.S. 90. The mere transaction of business in a State by non-resident natural persons does not imply consent to be bound by the process of its courts.Flexnerv.Farson,248 U.S. 289. The power of a State to exclude foreign corporations, although not absolute but qualified, is the ground on which such an implication is supported as to them.Pennsylvania FireInsurance Co. v.Gold Issue Mining Co.,243 U.S. 93,96. But a State may not withhold from non-resident individuals the right of doing business therein. The privileges and immunities clause of the Constitution, § 2, Art. IV, safeguards to the citizens of one State the right "to pass through, or to reside in any other state for purposes of trade, agriculture, professional pursuits, or otherwise."Page 356And it prohibits state legislation discriminating against citizens of other States,Corfieldv.Coryell, 4 Wn. C.C. 371, 381;Wardv.Maryland, 12 Wall. 418, 430;Paulv.Virginia, 8 Wall. 168, 180.
Motor vehicles are dangerous machines; and, even when skillfully and carefully operated, their use is attended by serious dangers to persons and property. In the public interest the State may make and enforce regulations reasonably calculated to promote care on the part of all, residents and non-residents alike, who use its highways. The measure in question operates to require a non-resident to answer for his conduct in the State where arise causes of action alleged against him, as well as to provide for a claimant a convenient method by which he may sue to enforce his rights. Under the statute the implied consent is limited to proceedings growing out of accidents or collisions on a highway in which the non-resident may be involved. It is required that he shall actually receive and receipt for notice of the service and a copy of the process. And it contemplates such continuances as may be found necessary to give reasonable time and opportunity for defense. It makes no hostile discrimination against non-residents but tends to put them on the same footing as residents. Literal and precise equality in respect of this matter is not attainable; it is not required.Canadian NorthernRy. Co. v.Eggen,252 U.S. 553,561-562. The State's power to regulate the use of its highways extends to their use by non-residents as well as by residents.Hendrickv.Maryland,235 U.S. 610,622. And, in advance of the operation of a motor vehicle on its highway by a non-resident, the State may require him to appoint one of its officials as his agent on whom process may be served in proceedings growing out of such use.Kanev.New Jersey,242 U.S. 160,167. That case recognizes power of the State to exclude a non-resident until the formal appointment is made. And, having the power so to exclude, the StatePage 357may declare that the use of the highway by the non-resident is the equivalent of the appointment of the registrar as agent on whom process may be served. Cf.Pennsylvania Fire Insurance Co. v.Gold Issue Mining Co., supra, 96;Lafayette Ins. Co. v.French, 18 How. 404, 407-408. The difference between the formal and implied appointment is not substantial so far as concerns the application of the due process clause of the Fourteenth Amendment.Judgment affirmed.