United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wuchter v. Pizzutti, 276 U.S. 13 (1928)

Wuchter v. Pizzutti, 276 U.S. 13

No. 142

Argued January 5, 1928

Decided February 20, 1928

276 U.S. 13

Syllabus

1. A state statute which provides that, in actions by residents of the state against nonresidents for personal injuries resulting from the operation by the latter of their motor vehicles on the state highway, service of summons may be made on the Secretary of state, as their agent, and which contains no further provision making it reasonably probable that notice of such service will be communicated to the defendants, is lacking in due process of law. Pub.Ls. N.J. 1924, c. 232, § 1. P. 276 U. S. 18.

2. Such actions cannot be sustained by serving notice outside of the state not required by the statute. P. 276 U. S. 24.

103 N.J.L. 130 reversed.

Error to a judgment of the Court of Errors and Appeals of the State of New Jersey, which affirmed a judgment recovered by Pizzutti in an action against Wuchter for personal injuries and damages to property, caused by Wuchter's operation of an automobile.

Page 276 U. S. 15