What is LawBrain?
It's a living legal community making laws accessible and interactive. Click Here to get Started »

Hess v. Pawloski

From lawbrain.com

Hess v. Pawloski, 274 U.S. 352 (1927) is a civil procedure case which held a state does have the power to declare that all non-residents who use its highways have impliedly consented to submit to the state’s jurisdiction for all actions arising from that highway usage.

  • This LawBrain entry is about a case that is commonly studied in law school. You can find, contribute to, and create other common 1L, 2L, and 3L cases in the Law School Cases category. And you can use the Opinon tab above to discuss hypos. For more information on editing, visit the LawBrain edit help page.

Contents

Summary of Case Facts

Hess, a resident of Pennsylvania, was driving in Massachusetts when he negligently struck and injured Pawloski. Pawloski filed suit in Massachusetts against Hess, under a statute where non-residents consented to jurisdiction in the Massachusetts if they were involved in an accident on their roads. Hess claimed the Massachusetts courts lacked jurisdiction over him.

Issue

Whether a state has the power to declare that all non-residents who use its highways have impliedly consented to submit to the state’s jurisdiction for all actions arising from that highway usage.

Holding and Law

Yes. The non-resident demonstrates, by choosing to drive within the state impliedly consents to submit to the state’s jurisdiction for all actions arising from the highway usage. Hess was driving on Massachusetts highway when he negligently struck and injured Pawloski.

Related Cases and Resources on LawBrain

Contributors

FindLaw AHK