Morris Rosenblum & A. v. John F. Griffin

The attacked act (Laws 1937, c. 161) is designed to induce operators of motor vehicles to establish financial responsibility to meet their possible liability for damages arising from accidents occurring while their vehicles are being operated. The inducement is the alternative of suspension, and denial of renewal, of registration and operating licenses until proof of such responsibility is furnished not only to meet liability arising from an accident occurred but also to meet liability for all operation thenceforth. The test of an accident without regard to fault or a charge of fault as the occasion for giving the law operative effect is in some aspects an arbitrary one. It discriminates among innocent persons, between those escaping and those not escaping accident. A car owner or operator fortunate enough not to be struck by a negligent driver need not, while one who in spite of all possible care does not escape must, furnish security. Proper operation is immaterial and innocent misfortune is penalized. To use an appropriate expression, insult is added to injury.