Don't mess with Massachusetts

Today we look at an example of implied consent, which in this case provides an alternate path for a state to gain jurisdiction over a non-resident.

Hess v. Pawloski, 274 U.S. 352 (1927)

Facts
A resident of Pennsylvania named Pawloski was driving on a public road in Massachusetts. He hit and injured Hess, who sued for damages. Concordant to Massachusetts state law the suit was served to a state registrar. When a non-resident uses public roads within the state they implicitly grant consent for state officials to act as their agents in legal proceedings. The registrar mailed the suit to Pawloski, and he did not appear in court. The court ruled in favor of Hess. Pawloski appealed, arguing that his right to due process was violated. The court overruled and found him liable for damages.

Question
1. Does this statute of implied consent offer a valid path for a state to obtain personal jurisdiction?

Holding
1. Yes

Reasoning
1. Automobiles are dangerous and states have the right to regulate their use. Both residents and non-residents fall within state jurisdiction when they choose to use public roads. This statute only violates the right to due process if it discriminates against non-residents, which it does not.

Notes
Don't forget that this case is 80 years old and only applies to Massachusetts state law.