1. The Militia act provision (RSA 110-A:77 I (supp)) that "any person injured in his person or property by the national guard shall have the right by petition brought in the superior court for the county wherein such person resides or where the injury was suffered to compensation for damages so sustained . . ." was construed, in the light of other provisions of the act, as primarily avenue statute and affords relief to nonresidents who suffered damage outside the state as the result of a collision with National Guard motor vehicles.
KENISON, C.J.
The question presented in this case is whether RSA 110-A:77 I (supp) permits nonresidents to obtain compensation for damages for injuries as a result of a motor vehicle accident occurring in another state and involving the New Hampshire National Guard.
This case is governed by Leary v. McSwiney, decided this day. 103 N.H. 85, 88. The fact that the present case involves damage caused by a military truck rather than a military aircraft is immaterial. The plaintiffs are entitled to maintain their petition and this makes it unnecessary to consider the plaintiffs' contention that the defendants' motion to dismiss was filed untimely.
Remanded.
All concurred.