Opinion · Supreme Court of the United States

Hess v. Pawloski

274 U.S. 352

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1927-05-16
Topic
general

How later courts describe this case

  • 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
  • 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."
  • Court recognized that service by registered mail, in place of personal service, may satisfy the requirements of due process

Citator

UpLaw has not yet analyzed Hess v. Pawloski. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
757 opinions

Headnotes

  1. Civil Procedure — Service of Process The process of a court of one State cannot run into another State and summon a party domiciled there 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 a money recovery, and there must be actual service within the State of notice upon him or upon someone authorized to accept service for him. 274 U.S. 352, 355
  2. Constitutional Law — Privileges and Immunities A State may not withhold from non-resident individuals the right of doing business therein, because the Privileges and Immunities Clause safeguards to the citizens of one State the right to pass through or reside in any other State for purposes of trade, agriculture, professional pursuits, or otherwise, and prohibits state legislation discriminating against citizens of other States. 274 U.S. 352, 355
  3. Constitutional Law — Due Process 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; while the qualified power of a State to exclude foreign corporations supports such an implication as to them, no equivalent power exists as to non-resident individuals. 274 U.S. 352, 355
  4. Constitutional Law — State Police Power — Regulation of Highways 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. 274 U.S. 352, 356
  5. Constitutional Law — Due Process A State, having power to exclude a non-resident from the use of its highways until he formally appoints one of its officials as his agent for service of process in proceedings growing out of such use, may declare that the non-resident's use of the highway is the equivalent of such an appointment; the difference between a formal and an implied appointment is not substantial as concerns the application of the Due Process Clause of the Fourteenth Amendment. 274 U.S. 352, 356
  6. Constitutional Law — Due Process An implied-consent statute does not offend due process where the implied consent is limited to proceedings growing out of accidents or collisions on a highway in which the non-resident was involved, the statute requires that he actually receive and receipt for notice of the service and a copy of the process, and it contemplates such continuances as may be necessary to afford him reasonable time and opportunity to defend. 274 U.S. 352, 356
  7. Constitutional Law — Equal Protection A statute subjecting non-resident motorists to suit in the State 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 and is not required. 274 U.S. 352, 357