PROCESS--SUBSTITUTED SERVICE ON NONRESIDENT MOTORISTS

Authors

David S. De Witt, University of Michigan Law School

Abstract

While in Missouri, defendant, a nonresident, lent his automobile to two minors who were later involved in a collision in which plaintiff was injured. Although defendant was not present at the accident, the act of lending the vehicle to the minors was alleged by plaintiff to be negligent. Jurisdiction over defendant was sought by service upon the Secretary of State of Missouri in reliance on statute. In a motion to quash service, defendant claimed that his use of the vehicle did not result in plaintiff's injury, and that the operator was not his agent at the time of the injury. Defendant thus contended that he was not using or operating the auto as required by the act. Held, motion denied. Lending of an automobile was "use and operation" within the meaning of the statute. McGuire v. Parker, (D.C. Mo. 1948) 78 F. Supp. 199.

Recommended Citation

David S. De Witt, PROCESS--SUBSTITUTED SERVICE ON NONRESIDENT MOTORISTS, 47 Mich. L. Rev. 593 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss4/20