Volume 106 — New Hampshire Reports

1. Under the law of Maine a wife may not recover against her husband's employer for injuries suffered by reason of the sole negligence of her husband acting in the course of his employment. 2. Where an action in this state by a wife against her husband's employer for injuries suffered in Maine by reason of the sole negligence of her husband acting in the course of his employment was dismissed in accordance with the rule then prevailing that the law of Maine applied it was held that the judgment was binding on the plaintiff and would not be unsettled by the later decision (Thompson v. Thompson, <cross_reference>105 N.H. 86</cross_reference>) holding that the immunity of one spouse from suit by the other for negligent conduct in a foreign jurisdiction while they were domiciled in this state is to be determined under the law of this rather than the foreign jurisdiction. 3. In such action against the employer, the judgment, based upon the law of Maine, determined that no cause of action founded upon the negligence of the husband ever arose in favor of the plaintiff. 4. Hence, the plaintiff may not now maintain a second action, FOUNDED upon the same negligent conduct, against the husband.