Affirming.
Lewis W. Humphrey, an employee of the appellant, Dorothy L. Mann, was killed while riding in an automobile truck owned by his employer. At the time of the accident the truck was being operated by Albert Alexander, who also was employed by appellant. Lillie Maye Humphrey qualified as administratrix of Lewis W. Humphrey's estate and brought this action against Dorothy L. Mann and Albert Alexander for damages for the death of her intestate, alleged to have been caused by the defective condition of the truck and its negligent operation.
After alleging the facts and charging negligence, the petition contained the following averment:
"That although defendant's, Dorothy L. Mann's truck bore a Kentucky license, Jefferson County, #57-281, nevertheless defendant, Dorothy L. Mann, at the time of the accident hereinabove referred to and at this time is a nonresident of this state, now residing at 524 Belmont Street, Chicago, Illinois, and asks that service of process be served upon Miss Sarah Mahan, the Secretary of State of this *Page 649 Commonwealth of Kentucky, as her agent for the purpose of process."
A summons was issued directed to the sheriff of Franklin county, and a copy of the summons and an attested copy of the petition was delivered to the Secretary of State, who later filed with the clerk of the Jefferson circuit court a report of her action showing that she had performed the duties prescribed to her by chapter 80 of the Acts of 1930, now section 12-1 to section 12-6, inclusive, of the Supplement to the 1930 Statutes, which provides for the service of process in civil suits on nonresident operators or nonresident owners of motor vehicles operated within the commonwealth of Kentucky.
Dorothy L. Mann filed the following special demurrer:
"Now comes the defendant, Dorothy L. Mann, and without entering her appearance to this case files this, her special demurrer to the petition herein because the court has no jurisdiction of the subject matter by process served upon her according to law. That the defendant is a nonresident of the State of Kentucky and the petition shows that she is not operating the truck for her own individual benefit and therefore this court has no jurisdiction to have her served with process in the manner in which the same is served."
She later filed a motion to quash the return on the summons served on the Secretary of State. The special demurrer and the motion to quash service of summons were overruled. After a general demurrer had been overruled, appellant filed an answer which was a traverse and a plea of contributory negligence. On motion of the plaintiff the action was dismissed as to Albert Alexander, and on the trial of the case the jury returned a verdict against Dorothy L. Mann for the sum of $10,000.
A number of grounds were relied upon in the motion and grounds for a new trial, which was over-ruled; but no bill of exceptions has been filed, and the only ground relied upon on this appeal for a reversal of the judgment is the alleged error of the trial court in overruling the special demurrer and the motion to quash the return on the summons. *Page 650
It is conceded that the constitutionality of chapter 80 of the Acts of 1930 has been settled by the cases of Hirsch v. Warren,
Warrick v. McCormick,
The act in question treats the use of the highways of the state by a nonresident owner or operator of a motor vehicle as the equivalent of the appointment by him of the Secretary of State as his agent on whom process may be served in suits growing out of accidents in such operation, and where process is served in compliance with the provisions of the act a personal judgment can be rendered against the nonresident defendant.
Strict compliance with a statute providing for substituted service must be observed. Erickson v. Macy,
Section 1 of chapter 80 of the Acts of 1930 (Ky. Stat. Supp. 1933, sec. 12-1) reads: *Page 652
"That any non-resident of this Commonwealth, being the operator or owner of any motor vehicle, who shall accept the privilege extended by the laws of this Commonwealth to non-resident operators and owners of operating a motor vehicle or having same operated, within the Commonwealth of Kentucky, shall by such acceptance, and by the operation of such motor vehicle within the Commonwealth of Kentucky, make and constitute the Secretary of State of the Commonwealth of Kentucky his, her or their agent for the service of process in any civil suit or proceeding instituted in the courts of the Commonwealth of Kentucky against such operator or owner of such motor vehicle, arising out of, or by reason of any accident or collision or damage occurring within the Commonwealth in which such motor vehicle is involved."
It is insisted that this action applies only to nonresidents temporarily within this state who operate motor vehicles under section 2739g-5, commonly known as the "Reciprocity Statute," which provides that a nonresident owner who has complied with the laws of the state of his residence relating to registration of motor vehicles, and who displays the requisite plates and holds the requisite receipt or certificate of registration as required by his resident state, if such state does not require registration of nonresident owners temporarily therein, shall be exempt from registration in this state for the same period of time as is granted to nonresident owners of his state.
In construing a statute the intention and meaning of the Legislature must be ascertained and given effect from an examination of the whole act and the reason and spirit of the law must be considered. If it can fairly be done, a statute must be so construed as to accomplish the purpose for which it was intended. Grieb v. National Bank of Kentucky's Receiver,
The purpose of the Legislature in enacting the legislation was chiefly to relieve the injured person of the extreme hardship of being required to follow the nonresident operator or owner of a motor vehicle into other jurisdictions. If appellant's contention is sound, *Page 653 it would be possible for every nonresident motorist coming within the state to evade the provisions of the act by procuring a Kentucky license.
There are privileges other than those contained in section 2739g-5 of the Statutes which are extended by the laws of this state to nonresident operators of motor vehicles. Whether or not a nonresident motorist coming within the state procures a Kentucky license, he uses the special facilities provided by the state and is afforded the protection of its laws, and the state may, as a condition precedent to the use of its highways, require him to consent to the appointment of the Secretary of State as his agent upon whom service may be made in actions arising out of the operation of his automobile within the state. Kane v. State of New Jersey,
It follows that the circuit court did not err in overruling the special demurrer and the motion to quash the service on the summons.
The judgment is affirmed.