Hess v. Pawloski, 274 U.S. 352 (1927). · Go Syfert
Hess v. Pawloski, 274 U.S. 352 (1927). Cases Citing This Book View Copy Cite
Quick Summary

A state implied-consent statute validly establishes personal jurisdiction over nonresidents for claims arising from the use of motor vehicles within the state.

A non-resident driver of a motor vehicle was sued in Massachusetts for personal injuries resulting from a highway accident. The defendant challenged the state's jurisdiction, arguing that service of process upon a state official via a statutory deemed appointment violated the due process clause of the Fourteenth Amendment. The court holds that because motor vehicles are inherently dangerous, a state may exercise its police power to regulate their use by both residents and non-residents. The operation of a vehicle on public highways constitutes an implied consent to the appointment of a state official as an agent for service of process regarding accidents arising from such use.

1,968 citation events (141 in the last 25 years) across 180 distinct courts.
Strongest positive: Jones v. Reis (cod, 2023-02-23)
Treatment trajectory · 1927 → 2026 · click a year to view as-of
1927 1976 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jones v. Reis
D. Colo. · 2023 · quote attribution · 1 verbatim quote · confidence high
in the public interest the state may make and enforce regulations reasonable calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.
examined Cited as authority (verbatim quote) Sokolow v. Palestine Liberation Organization (2×)
S.D.N.Y. · 2022 · quote attribution · 2 verbatim quotes · confidence high
the implied consent is limited to proceedings growing out of accidents or collisions on a highway in which the nonresident may be involved.
discussed Cited as authority (verbatim quote) Pham v. Lewis
W.D. La. · 2022 · quote attribution · 1 verbatim quote · confidence high
the state's power to regulate the use of its highways extends to their use by nonresidents as well as by residents.
discussed Cited as authority (verbatim quote) Shoul, L. v. Bureau of Driver Licensing, Aplt.
Pa. · 2017 · signal: accord · quote attribution · 1 verbatim quote · confidence high
in the public interest the state may make and enforce regulations reasonably calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.
examined Cited as authority (quoted) United States v. Technic Services, Inc. And Rick Rushing (3×)
9th Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
in the public interest the state may make and enforce regulations reasonably calculated to promote care on the part of all, residents and non-residents alike, who use its highways.
examined Cited as authority (quoted) Hall v. Helicopteros Nacionales De Colombia, S. A. (6×)
Tex. · 1982 · quote attribution · 6 verbatim quotes · confidence low
california has not attempted to assert any particularized interest in trying such cases in its courts by, e.g., enacting a special jurisdictional statute.
cited Cited as authority (rule) Patriot Mut Ins Co v. Welch
Vt. Super. Ct. · 2024 · confidence medium
Hess, 274 U.S. at 354, 356 .
discussed Cited as authority (rule) Kirstie Wade v. Pottawattamie County (2×)
8th Cir. · 2024 · signal: cf. · confidence medium
See Burger King, 471 U.S. at 476 (observing that “territorial presence” can support personal jurisdiction); cf. Hess v. Pawloski, 274 U.S. 352, 356 (1927) (holding that due process allows states to exercise jurisdiction over nonresident drivers involved in “accidents or collisions”).
discussed Cited as authority (rule) Fuld v. Palestine Liberation Organization (2×)
2d Cir. · 2023 · confidence medium
For example, the plaintiffs point to the state law at issue in Hess v. Pawloski, 274 U.S. 352 (1927), which provided that a nonresident motorist’s use of the public roads “shall be deemed equivalent” to appointing an agent for service of process in actions “growing out of any accident or collision in which said nonresident may be involved.” Id. at 354 (internal quotation marks omitted).
cited Cited as authority (rule) Mallory v. Norfolk Southern R. Co
SCOTUS · 2023 · confidence medium
Co. v. Campbell, 538 U. S. 408, 422 (2003); BMW of North America, 517 U. S., at 568–569; Hess v. Paw- loski, 274 U. S. 352, 356 (1927).
discussed Cited as authority (rule) Mallory v. Norfolk Southern R. Co (2×)
SCOTUS · 2023 · confidence medium
Co. v. Campbell, 538 U. S. 408, 422 (2003); BMW of North America, 517 U. S., at 568– 569; Hess v. Pawloski, 274 U. S. 352, 356 (1927).
discussed Cited as authority (rule) Mallory v. Norfolk Southern R. Co (2×)
SCOTUS · 2023 · confidence medium
Co. v. Campbell, 538 U. S. 408, 422 (2003); BMW of North America, 517 U. S., at 568– 569; Hess v. Pawloski, 274 U. S. 352, 356 (1927).
cited Cited as authority (rule) Mallory v. Norfolk Southern R. Co
SCOTUS · 2023 · confidence medium
Co. v. Campbell, 538 U. S. 408, 422 (2003); BMW of North America, 517 U. S., at 568–569; Hess v. Paw- loski, 274 U. S. 352, 356 (1927).
discussed Cited as authority (rule) G.M. Martinez v. City of Reading Police PA DOT
Pa. Commw. Ct. · 2023 · confidence medium
Mr. Justice Butler said, in Hess v. Pawloski, 274 U.S. 352, 356 [(1927)]: ‘Motor vehicles are dangerous machines, and, even when skillfully and carefully operated, their use is attended by serious dangers to persons and property.
cited Cited as authority (rule) Sibel Onasis Ferrer v. Madalena Elizabeth Almanza, Isabella P. Almanza, and Albert Boone Almanza
Tex. · 2023 · confidence medium
Hess v. Pawloski, 274 U.S. 352, 356 (1927).
discussed Cited as authority (rule) Kathleen Henry v. New Jersey Transit Corporation
NY · 2023 · confidence medium
“Motor vehicles are dangerous machines, and, even when skillfully and carefully operated, their use is attended by serious dangers to persons and property” (Hess v Pawloski, 274 US 352, 356 [1927]; cf. - 30 - - 31 - No. 11 South Dakota v Neville, 459 US 553, 558-559 [1983]).
cited Cited as authority (rule) Fuld v. The Palestine Liberation Organization
S.D.N.Y. · 2022 · confidence medium
Although there are cases holding that a defendant’s receipt of a benefit can be deemed to be consent, see, e.g., Hess v. Pawloski, 274 U.S. 352, 356-57 (1927); cf. J.
discussed Cited as authority (rule) WINTERS v. AKZO NOBEL SURFACE CHEMISTRY, LLC
E.D. Pa. · 2020 · confidence medium
The Supreme Court and the Third Circuit Court of Appeals, however, have also long held that “[c]onsent is a traditional basis for assertion of jurisdiction long upheld as constitutional.” Bane v. Netlink, Inc., 925 F.2d 637, 641 (3d Cir. 1991) (citing Hess v. Pawloski, 274 U.S. 352, 356-57 (1927); Dehne v. Hillman Inv.
discussed Cited as authority (rule) John Andrew Rankin v. Texas Department of Public Safety
Tex. App. · 2016 · confidence medium
Courts have held that “[i]n the public interest the state may make and enforce regulations reasonabl[y] calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.” Hess v. Pawloski, 274 U.S. 352, 356 (1927).
discussed Cited as authority (rule) Hanson v. Venditelli
Mass. App. Ct. · 1999 · confidence medium
In upholding the Massachusetts statute providing for service on nonresidents, the Supreme Court in Hess v. Pawloski, 274 U.S. 352, 356 (1927), noted that c. 90 requires that the nonresident “shall actually receive and receipt for notice of the service and a copy of the process.” While the statute was amended by St. 1937, c. 387, to provide that the defendant’s return receipt shall be filed only “if received by the plaintiff,” both proper and “forthwith” notice to the defendant continue to be critical requirements under our cases.
cited Cited as authority (rule) Eagle Leasing v. Amandus
Iowa · 1991 · confidence medium
Hess v. Pawloski, 274 U.S. 352, 355 , 47 S.Ct. 632, 633 , 71 L.Ed. 1091, 1094-95 (1927); accord Rosenblatt v. American Cyanamid Co., 86 S.Ct. 1 , 3-4, 15 L.Ed.2d 39 , 43 (1965).
discussed Cited as authority (rule) Gwaltney v. Stone
Pa. · 1989 · confidence medium
Hess v. Pawloski, 274 U.S. 352, 353 , 47 S.Ct. 632, 633 , 71 L.Ed. 1091, 1093 (1927) (upholding constitutionality of statute similar to Tennessee Non-Resident Motorist Statute).
cited Cited as authority (rule) Hoyt v. Nick
N.H. · 1973 · confidence medium
Ed. 1091, 1095 , 47 S. Ct. 632, 633 (1926).
discussed Cited as authority (rule) Hall v. University of Nevada
Cal. · 1972 · confidence medium
The measure in question operates to require a nonresident to answer for his conduct in the State where arise causes of action alleged against him, as well as to provide for a claimant a convenient method by which he may sue to enforce his rights. . . . [T]he State may declare that the use of the highway by the non-resident is the equivalent of the appointment of the registrar as agent on whom process may be served.” (Hess v. Pawloski, 274 U.S. 352, 356-357 [ 71 L.Ed. 1091, 1094-1095 , 47 S.Ct. 632 ].) The same view has been adopted by the Supreme Court of Nevada in upholding its nonresident …
cited Cited as authority (rule) Reiner v. Arthur Murray, Inc.
Conn. Super. Ct. · 1966 · confidence medium
Hess v. Pawloski, 274 U.S. 352, 356 (1927).
cited Cited as authority (rule) Harris v. Bates Ex Rel. Curry
Mo. · 1954 · confidence medium
Hess v. Pawloski, 274 U. S. 352 , 47 S. Ct. 632, 633 [4, 5], 71 L.
cited Cited as authority (rule) Davis-Wood Lumber Co. v. Ladner
Miss. · 1951 · confidence medium
Ed. 222 , and Hess v. Pawloski, 1927, 274 U. S. 352 , 47 S. Ct. 632 , 71 L.
cited Cited as authority (rule) Sorenson v. Stowers
Wis. · 1947 · confidence medium
Ed. 446 , and Hess v. Pawloski, 274 U. S. 352 , 47 Sup. Ct. 632, 71 L.
cited Cited as authority (rule) Fisk v. Wellsville Fire Brick Co.
unknown court · 1941 · confidence medium
Royster Guano Co., 273 U.S. 274 , 47 Sup. Ct. 355, 71 L.Ed. 642 , and Hess v. Pawloski, 274 U.S. 352 , 47 Sup. Ct. 632, 71 L.Ed. 1091 ; Pawloski v. Hess, 250 Mass. 22 , 144 N.E. 760 .
cited Cited as authority (rule) Boeing Air Transport, Inc. v. Edelman
D. Wyo. · 1931 · confidence medium
Ed. 966 ; Hess v. Pawloski, 274 U. S. p. 352, 47 S. Ct. 632 , 71 L.
discussed Cited "see" Erbey Holding Corporation John R. Erbey Family Limited Partnership v. Blackrock Financial Management, Inc. (2×)
visuper · 2023 · signal: see · confidence high
See id. at 356 (“The measure in question operates to require a non-resident to answer for his conduct in the State where arise causes of action alleged against him, as well as to provide for a claimant a convenient method by which he may sue to enforce his rights.
discussed Cited "see" Erbey Holding Corporation John R. Erbey Family Limited Partnership v. Blackrock Financial Management, Inc. (2×)
visuper · 2023 · signal: see · confidence high
See id. at 356 (“The measure in question operates to require a non-resident to answer for his conduct in the State where arise causes of action alleged against him, as well as to provide for a claimant a convenient method by which he may sue to enforce his rights.
cited Cited "see" Sims v. BMW of North America LLC
M.D. Fla. · 2023 · signal: see · confidence high
See 274 U.S. 352, 356 (1927).
discussed Cited "see" Charles Curry v. Revolution Laboratories, LLC (2×)
7th Cir. · 2020 · signal: see · confidence high
The territorial approach became problematic with “[t]he advent of automobiles” and “the concomitant increase in the inci- dence of individuals causing injury in States where they were not subject to in personam actions under Pennoyer.” Id.; see Hess v. Pawloski, 274 U.S. 352 (1927).
discussed Cited "see" Charles Curry v. Revolution Laboratories, LLC (2×)
7th Cir. · 2020 · signal: see · confidence high
The territorial approach became problematic with “[t]he advent of automobiles” and “the concomitant increase in the inci- dence of individuals causing injury in States where they were not subject to in personam actions under Pennoyer.” Id.; see Hess v. Pawloski, 274 U.S. 352 (1927).
cited Cited "see" American Dairy Queen Corporation v. W.B. Mason Co., Inc.
D. Minnesota · 2019 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352 , 355–56 (1927).
examined Cited "see" Shoul v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (3×)
Pa. · 2017 · signal: accord · confidence high
Although the privilege may be a valuable one, it is no more than a permit granted by the state, its enjoyment depending upon compliance with the conditions prescribed by it, and subject always to such regulation and control as the state may see fit to impose.”); accord Hess v. Pawloski, 274 U.S. 352, 356 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927) ("In the public interest the state may make and enforce regulations reasonably] calculated to promote care on the part of all, residents and nonresidents alike, who use its highways.”). .
examined Cited "see" Mylonakis v. The M/T Georgios M. (3×)
S.D. Tex. · 2012 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927); Elk-hart Engineering Corp. v. Dornier Werke, 343 F.2d 861, 868 (5th Cir.1965) (“We therefor hold that Alabama may, consistent with the due process clause of the Fourteenth Amendment, assert jurisdiction over a non-resident, non-qualifying corporation in suits on a claim of liability for tortious injury arising out of activity of the non-resident within the state, even though only a single transaction is involved, and regardless of whether the activity is considered dangerous.”).
discussed Cited "see" Bulldog Investors General Partnership v. Secretary of the Commonwealth
Mass. · 2010 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352, 355-357 (1927) (statute considering operation of motor vehicle on public highway to be appointment of state official as agent for receiving process confers personal jurisdiction).
examined Cited "see" GJP, INC. v. Ghosh (3×)
Tex. App. · 2008 · signal: see · confidence high
See Hess v. Pawloski 274 U.S. 352, 356-57 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927) (rejecting due-process challenge to state implied-consent law authorizing personal jurisdiction over nonresidents for claims arising from their use of motor vehicles in the state); Arterbury, 553 S.W.2d at 948-49 (rejecting jurisdictional challenge regarding tort claims arising from non-resident defendant’s repossession of automobiles in Texas); but see Michiana, 168 S.W.3d at 788-92 (explaining that personal jurisdiction does not turn on whether an act is tortious, but on whether the act constitutes purposeful a…
discussed Cited "see" GJP, Inc. Richard D. Herting Classic Jaguar, Inc. and Dan Mooney v. Avijit Ghosh
Tex. App. · 2008 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352, 356-57 (1927) (rejecting due-process challenge to state implied-consent law authorizing personal jurisdiction over nonresidents for claims arising from their use of motor vehicles in the state); Arterbury, 553 S.W.2d at 948-49 (rejecting jurisdictional 40 challenge regarding tort claims arising from non-resident defendant’s repossession of automobiles in Texas); but see Michiana, 168 S.W.3d at 788-92 (explaining that personal jurisdiction does not turn on whether an act is tortious, but on whether the act constitutes purposeful availment).
discussed Cited "see" GJP, Inc. Richard D. Herting Classic Jaguar, Inc. and Dan Mooney v. Avijit Ghosh
Tex. App. · 2008 · signal: see · confidence high
See Hess v. Pawloski , 274 U.S. 352, 356-57 (1927) (rejecting due-process challenge to state implied-consent law authorizing personal jurisdiction over nonresidents for claims arising from their use of motor vehicles in the state); Arterbury , 553 S.W.2d at 948-49 (rejecting jurisdictional challenge regarding tort claims arising from non-resident defendant's repossession of automobiles in Texas); but see Michiana , 168 S.W.3d at 788-92 (explaining that personal jurisdiction does not turn on whether an act is tortious, but on whether the act constitutes purposeful availment).
examined Cited "see" Cormier v. Fisher (3×)
D. Me. · 2005 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927)(concern-ing the constitutionality of service of process on a non-resident motorist); Navis v. Henry, 456 F.Supp. 99, 100 (E.D.Va.1978)(determining, in the case of a non-resident on vacation in Virginia who injured Plaintiffs by his negligence, that “it is abundantly clear that due process is not offended in cases of this nature”).
examined Cited "see" In re Spitzer (3×)
D.C. · 2004 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927).
examined Cited "see" Marcial L. Chairez v. United States (3×)
7th Cir. · 2004 · signal: see · confidence high
See Mennonite Bd. of Missions v. Adams, 462 U.S. 791 , 796 n. 3, 103 S.Ct. 2706 , 77 L.Ed.2d 180 (1983) (citing Hess v. Pawloski, 274 U.S. 352 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927) (approving registered mail)), and there is no evidence in this case that the DEA knew of any problems with the jail’s certified mail delivery system.
discussed Cited "see" Chairez, Marcial L. v. United States
7th Cir. · 2004 · signal: see · confidence high
See Mennonite Bd. of Missions v. Adams, 462 U.S. 791 , 796 n.3 (1983) (citing Hess v. Pawloski, 274 U.S. 352 (1927) (approv- ing registered mail)), and there is no evidence in this case that the DEA knew of any problems with the jail’s certified mail delivery system.
examined Cited "see" Renfro v. Adkins (4×)
Ark. · 1996 · signal: see · confidence high
See Shaffer v. Heitner, 433 U.S. 186, 202 (1977) (citing Hess v. Pawloski, 274 U.S. 352 (1927)).
cited Cited "see" Stevens v. State
Ark. · 1995 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352 (1927).
examined Cited "see" Lozinski v. Lozinski (3×)
W. Va. · 1991 · signal: see · confidence high
See Marks v. Mitchell, 90 W.Va. 702 , 111 S.E. 763 (1922) (holding that neither child support nor alimony may be awarded absent personal service of process upon obligor). 4 .At least one treatise credits the United States Supreme Court’s decision in Hess v. Pawloski, 274 U.S. 352 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927), which upheld the validity of a nonresident mo *561 torist statute as spawning the growth of long-arm statutes by "encouraging] states to utilize their police powers to enact ... statutes asserting jurisdiction based not only on the operation of automobiles within a state but al…
examined Cited "see" Rykoff-Sexton, Inc. v. American Appraisal Associates, Inc. (3×)
Minn. · 1991 · signal: see · confidence high
See Hess v. Pawloski, 274 U.S. 352 , 47 S.Ct. 632 , 71 L.Ed. 1091 (1927).
Retrieving the full opinion text from the archive…
Hess
v.
Pawloski
263.
Supreme Court of the United States.
May 16, 1927.
274 U.S. 352
1927 U.S. LEXIS 34
Mr. George Gowen Parry for plaintiff in error., Mr. Harry John Meléski was on the brief for defendant in error. .
Butler.
Cited by 750 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #37,144 of 633,719
Citer courts: Texas Supreme Court (6) · Ninth Circuit (3)
Mr. Justice Butler

delivered the opinion of the Court.

This action was brought by defendant in error to recover damages for personal injuries. The declaration alleged that plaintiff in error negligently and wantonly drove a motor vehicle on a public highway in Massachusetts and that by reason thereof the vehicle struck and injured defendant in error. Plaintiff in error is a. resident of .Pennsylvania.- No personal service was made on him and no property belonging to him was. attached. The service of process was made in compliance with c.[*354] 90, General Laws of Massachusetts, as amended by Stat. 1923, c. 431, § 2, the material parts of which follow:

“ The acceptance by a non-resident of the rights and privileges conferred by section three or four, as evidenced by his operating a motor vehicle thereunder, or the operation by a non-resident of a motor vehicle on a public way in the commonwealth other than under said sections, shall be deemed equivalent to an appointment by such non-resident of the registrar or his successor in office, to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against him, growing out of any accident or collision in which said non-resident may be involved while operating a motor vehicle on such a way, and said acceptance or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as if served on him personally. Service of such process shall be made by leaving a copy of the process with a fee of two dollars in the hands of the registrar, or in his office, and such service shall be sufficient service upon the said non-resident; provided, that notice of such service 'and a copy of the process are forthwith sent by registered mail by the plaintiff to the. defendant,' and the defendant’s return receipt and the plaintiff’s affidavit of compliance herewith are appended to the writ and entered with the declaration. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.”

Plaintiff in error appeared specially for the purpose of contesting jurisdiction and filed an answer in abatement and moved to dismiss on the ground that, the service of process,, if sustained, would deprive him of his property without due process of law in violation of the Fourteenth Amendment. The court overruled the answer in abatement and denied the motion. The Supreme Judicial[*355] Court held the statute to be a valid exercise of the police power, and affirmed the order. 250 Mass. 22. At the trial the contention was renewed and again denied. Plaintiff in error excepted. The jury returned a verdict for defendant in error. The exceptions wSre overruled by the Supreme Judicial Court. 253 Mass. 478. Thereupon the Superior Court entered judgment. The writ of error was allowed by the chief justice of that court.

The question is whether the Massachusetts enactment contravenes the due process clause of the Fourteenth Amendment.

The process of a court of one State cannot run into another and summon a party there domiciled to respond to proceedings against him. Notice sent outside the State to a non-resident is unavailing to give jurisdiction in an action against him personally for money recovery. Pennoyer v. Neff, 95 U. S. 714. There must be actual service within the State of notice upon him or upon some one authorized to accept service for him. Goldey v. Morning News, 156 U. S. 518. A personal judgment rendered against a non-resident, who has neither been served with process nor appeared in the suit is without validity. McDonald v. Mabee, 243 U. S. 90. The mere transaction of business in a State by non-resident natural persons does not imply consent to be bound by the process of its courts. Flexner v. Farson, 248 U. S. 289. The power of a State to exclude foreign corporations, although not absolute but qualified, is the ground on which such an implication is supported as to them. Pennsylvania Fire Insurance Co. v. Gold Issue Mining Co., 243 U. S. 93, 96. But a State may not withhold from non-resident individuals the right of doing business therein. The privileges and immunities clause of the Constitution, § 2, Art. IV, safeguards to the citizens of one State the right “ to pass through, or to reside in any other state for purposes of trade, agriculture, professional pursuits, or otherwise.”[*356] And it prohibits state legislation discriminating against citizens of other States, Corfield v. Coryell, 4 Wash. C. C. 371, 381; Ward v. Maryland, 12 Wall. 418, 430; Paul v. Virginia, 8 Wall. 168, 180.

Motor vehicles are dangerous machines; and, even when skillfully and cafefully operated, their use is attended by serious dangers to persons and property. In the public interest the State may make and enforce regulations reasonably calculated to promote care on the. part of all, residents and non-residents alike, who use its highways. The measure in question operates to require a non-resident to answer for his conduct in the State where arise causes of action alleged against him, as well as to provide for a claimant a convenient method by which he may sue to enforce his rights. Under the statute the implied consent is limited to proceedings growing out of accidents or collisions on a highway in which the non-resident may be involved. It is required that he shall actually receive and receipt for notice of the service and a copy of the process. And it contemplates such continuances as may be found necessary to give reasonable time and opportunity for defense. It makes no hostile discrimination against non-residents but tends to put - them on the sam'e footing as residents. Literal and precise equality in respect of this matter is not attainable; it is not required. Canadian Northern Ry. Co. v. Eggen, 252 U. S. 553, 561-562. The State’s power to regulate the use of its highways extends to their usé by non-residents as well as by residents. Hendrick v. Maryland, 235 U. S. 610, 622. And, in advance-of the operation of a motor vehicle on its highway by a non-resident, the State may require him to appoint one of its officials as his agent on whom process may be served in proceedings growing out of such use. Kane v. New Jersey, 242 U. S. 160, 167. That case recognizes pówér of the State to exclude a non-resident until the formal appointment is made. And, having the power so to exclude, the State[*357] may declare that the use of the highway by the nonresident is the equivalent of the appointment of the registrar as agent on whom process may be served. Cf. Pennsylvania Fire Insurance Co. v. Gold Issue Mining Co., supra, 96; Lafayette Ins. Co. v. French, 18 How. 404, 407-408. The difference between the formal and implied appointment is not substantial so far as concerns the application of the due process clause of the Fourteenth Amendment.

Judgment affirmed.