Friday, August 29, 2008

Hess v Pawloski

Hess v. Powloski
274 U.S. 352, 47 S.Ct. 632, 71 L.Ed. 1091 (1927)

Facts: Plaintiff sues defendant, a Pennsylvania resident, in Massachusetts. (Car accident on Mass. highway.)

Procedure: Trial court said they had jurisdiction due to laws appointing a registrar as agent for out of state drivers.

Issue: Did they have jurisdiction?

Holding: Yes

Reasoning: Implied consent to the registrar-agent thing is enough to give jurisdiction. Plus, cars are dangerous so we have to come up with some way of dealing with these sorts of problems.

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