PROCESS-APPLICABILITY OF NONRESIDENT MOTORIST STATUTES TO ACCIDENTS ON PRIVATE PROPERTY
Jones S.Ed., Chester Lloyd
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Abstract
Defendant, a nonresident combine operator, in the course of performance of a contract to harvest plaintiff's wheat crop, drove his vehicle into the plaintiff's wheat field thereby causing a fire which destroyed part of the crop. Plaintiff began an action against defendant by service in accordance with a nonresident motorist statute. The applicable statute read in part:" . . . the acceptance by a nonresident . . . of the rights and privileges . . . to operate motor vehicles on the public highways of the state . . . shall be deemed equivalent to an appointment . . . of the secretary of state . . . to be his . . . agent . . . [for] . . . process in any action . . . growing out of any accident . . . in which said motor vehicle may be involved, while same is operated in the· state . . . by said nonresident." Defendant's motion to quash service was sustained by the trial court. On appeal, held, affirmed.
The statute does not authorize such service in cases where the accident occurs other than on the public highways. The court stated that the italicized words clearly demonstrate the legislative intent to limit the application of the statute to accidents upon the highways of the state. One justice dissented. Kelley v. Koetting, (Kan.
1948) 190 P. (2d) 361.