March 31, 2020

Hess v. Pawloski | Case Brief Law Student - US Supreme Court - 274 U.S. 352, 47 S.Ct. 632, 71 L.Ed. 1091. (1927)

Facts: Plaintiff, a resident of Pennsylvania, drove a vehicle on a public highway in Massachusetts. The vehicle struck and injured the plaintiff who is a resident of Massachusetts. 

Issue: Does the Massachusetts enactment contravene the due process clause of the 14th Amendment? 

Holding: No 

Rationale: The enactment is not discriminatory against nonresidents and intends to make them equal to residents. It requires that he shall actually receive and receipt 

Disposition: Judgement affirmed. 

Interesting Dicta: "The mere transaction of business in a state by nonresident natural persons does not imply consent to be bound by the process of its courts."