Hess v. Pawloski
Encyclopedia
Hess v. Pawloski, 274 U.S. 352
(1927), was a case in which the Supreme Court of the United States
held that a statute designating the registrar
of motor vehicles as agent for purpose of service of process for out-of-state non-resident motorists complies with the Due Process Clause of the Fourteenth Amendment.
resident, was involved in a car accident
with Pawloski, a Massachusetts
resident, while driving in Worcester, Massachusetts
.
At the time of the accident, a Massachusetts statute stated that a non-resident motorist implicitly consented
to the appointment
of the registrar of motor vehicles to act as his agent for service of process in the Commonwealth of Massachusetts, and that personal service served upon the registrar was to be as valid as personal service upon the defendant, so long as a copy of the process was forwarded by registered mail to the defendant at the defendant's last known address. This legal concept of "implied consent" allowed Massachusetts to exercise jurisdiction over nonresidents who were not present in the state at the time service of process was executed upon the agent as stipulated in the statute. In the Massachusetts court, Hess appeared specially to contest jurisdiction but not answer the claim against him. His motion to dismiss was denied.
On appeal, Hess argued that the Massachusetts statute at issue in the case was an unconstitutional exercise of the Commonwealth of Massachusetts's police power in light of the Due Process Clause of the Fourteenth Amendment, and that Massachusetts could not exercise personal jurisdiction over him because
to include nonresidents who travel through Massachusetts using the highway system.
This decision reflected an attempt by the Court to fit the problems of an increasingly more mobile and technologically advanced society in the model of Justice Field in Pennoyer.
The Court reasoned that cars are dangerous, and that states have the power to regulate their operation in order to make highways safe. Here, the implied consent was narrowly limited to proceedings related to accidents on highways in which the non-resident is involved. The difference between a formal and informal appointment of an agent isn't substantive in relation to the due process clause.
Most importantly, the statute is not hostile to the non-resident, because he is put on nearly equal footing with the resident plaintiff.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1927), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that a statute designating the registrar
Vehicle registration
Vehicle registration is the compulsory registration of a vehicle with a government authority. Vehicle registration's purpose is to establish clear ownership and to tax motorists or vehicle owners....
of motor vehicles as agent for purpose of service of process for out-of-state non-resident motorists complies with the Due Process Clause of the Fourteenth Amendment.
Background
Hess, a PennsylvaniaPennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
resident, was involved in a car accident
Car accident
A traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, Road Traffic Collision or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction,...
with Pawloski, a Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
resident, while driving in Worcester, Massachusetts
Worcester, Massachusetts
Worcester is a city and the county seat of Worcester County, Massachusetts, United States. Named after Worcester, England, as of the 2010 Census the city's population is 181,045, making it the second largest city in New England after Boston....
.
At the time of the accident, a Massachusetts statute stated that a non-resident motorist implicitly consented
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...
to the appointment
Agency (law)
The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another to create a legal relationship with a third party...
of the registrar of motor vehicles to act as his agent for service of process in the Commonwealth of Massachusetts, and that personal service served upon the registrar was to be as valid as personal service upon the defendant, so long as a copy of the process was forwarded by registered mail to the defendant at the defendant's last known address. This legal concept of "implied consent" allowed Massachusetts to exercise jurisdiction over nonresidents who were not present in the state at the time service of process was executed upon the agent as stipulated in the statute. In the Massachusetts court, Hess appeared specially to contest jurisdiction but not answer the claim against him. His motion to dismiss was denied.
On appeal, Hess argued that the Massachusetts statute at issue in the case was an unconstitutional exercise of the Commonwealth of Massachusetts's police power in light of the Due Process Clause of the Fourteenth Amendment, and that Massachusetts could not exercise personal jurisdiction over him because
- he was not a resident of the state,
- he was not personally served while in Massachusetts, and
- he never consented to the appointment of an agent for service of process.
Analysis
In this decision, the Court expanded the reach of personal jurisdiction beyond rule promulgated in prior Supreme Court jurisprudence, because it suggested that non-residents are subject to a court having jurisdiction at the location of an accident. Only three exceptions to territorial jurisdiction existed: cases involving marriage status; where a party has given consent (e.g. establishing a corporation); and where the party is a resident of the state. In Hess, the court relaxed the legal rules defining consent established in Pennoyer v. NeffPennoyer v. Neff
Pennoyer v. Neff, 95 U.S. 714 , was a decision by the Supreme Court of the United States in which the Court held that a court can exert personal jurisdiction over a party if that party is served with process while physically present within the state.-Factual and procedural background:Marcus Neff...
to include nonresidents who travel through Massachusetts using the highway system.
This decision reflected an attempt by the Court to fit the problems of an increasingly more mobile and technologically advanced society in the model of Justice Field in Pennoyer.
The Court reasoned that cars are dangerous, and that states have the power to regulate their operation in order to make highways safe. Here, the implied consent was narrowly limited to proceedings related to accidents on highways in which the non-resident is involved. The difference between a formal and informal appointment of an agent isn't substantive in relation to the due process clause.
Most importantly, the statute is not hostile to the non-resident, because he is put on nearly equal footing with the resident plaintiff.