United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hess v. Pawloski, 274 U.S. 352 (1927)

Hess v. Pawloski

No. 263

Argued April 18, 1927

Decided May 16, 1927

274 U.S. 352

Syllabus

Massachusetts Gen. Ls., c. 90, as amended by Stat. 1923, c. 431, § 2, which declares that use of the state's highways by a nonresident motorist shall be deemed equivalent to an appointment by him of the registrar as his attorney upon whom process may be served

Page 274 U. S. 353

in any action growing out of any accident or collision in which the nonresident may be involved while operating a motor vehicle upon such highway, and which provides for service in such case by leaving a copy of the process and a fee with the registrar or in his office, but conditions the sufficiency of the service upon the sending of notice of it forthwith and a copy of the process to the defendant by registered mail and upon his actually receiving and receipting for the same, and which allows the nonresident when so served such continuances as may be necessary to afford him a reasonable opportunity to defend the action, held not in conflict with the Due Process Clause of the Fourteenth Amendment. Kane v. New Jersey, 242 U. S. 160. P. 274 U. S. 355.

20 Mass. 22, 253 Mass. 478 affirmed.

Error to a judgment of the Superior Court of Worcester County, Massachusetts, entered on rescript from the Supreme Judicial Court, sustaining a verdict for damages in an action for personal injuries inflicted on Pawloski, the plaintiff, by the negligent driving of a motor vehicle, by Hess, nonresident defendant, on a Massachusetts highway.