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Civil Procedure Keyed to Spencer
Hess v. Pawloski
Citation:274 U.S. 352 (1927)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Hess (plaintiff) was a resident of Pennsylvania, but was driving on a Massachusetts highway. He was involved in a motor vehicle accident, allegedly because of his negligent driving, which caused injury to the defendant (Pawloski). At the time, there was a statute in Massachusetts which stated that any nonresident who drives on a Massachusetts public highway implicitly consents to have the registrar act as his attorney in any case involving an accident. The law stated that service of process on the registrar was sufficient, as long as the defendant was mailed a copy of the notice. Pawloski sued Hess for personal injury and, in accordance with the state law, Pawloski filed service of process with the registrar. Hess filed suit, arguing that his due process rights were violated since no personal service was made to him.
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